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Your mom told you not to worry; she  had everything handled. You were her power of attorney, helping her pay bills and manage her accounts. When she passed away, you assumed you'd simply continue handling things the same way you had been. Then you tried to deposit the insurance check. The bank clerk looked at the check, looked at your power of attorney paperwork, and shook her head. "I'm sorry, but we can't accept this. You'll need to go through the probate court first." Suddenly, you're facing a legal process you know nothing about, at a time when you can barely function through your grief. The mortgage payment is due. Bills are piling up. And everything you thought was handled has turned into a complicated mess. Understanding why this happens starts with knowing what shifts the moment someone dies. Authority Disappears Most people don't realize that any legal authority created through a Power of Attorney they may hold during a parent's lifetime vanishes the instant that parent dies. The documents that allowed you to help manage accounts, make financial decisions, and handle day-to-day business become meaningless pieces of paper. This catches families off guard because it seems illogical. You were trusted to handle these matters yesterday. Why can't you handle them today? The answer lies in how the law views death. When someone dies, their legal identity changes. Assets that belonged to a living person now belong to an estate, which is a separate legal entity that must be properly administered through the court system. Without the right planning in place beforehand, no one has automatic authority to manage estate assets. Not the closest family member. Not the person who had been helping with finances. Not even someone named in documents that worked perfectly well during the person's lifetime. This sudden loss of authority creates immediate practical problems that catch loved ones completely unprepared. Accounts are Frozen Financial institutions have strict rules about who can access accounts after someone dies. They're legally required to protect assets until someone proves they have proper authority to manage them. This means accounts get frozen, checks get issued to estates rather than individuals, and transactions come to a halt. For loved ones, this creates immediate practical problems. How do you pay for the funeral when you can't access accounts? What happens to the mortgage payment that's due next week? How do you handle utility bills, insurance premiums, or other ongoing expenses? Are you able to pay for all these expenses out of pocket? Many people can’t, especially if they have their own mortgage, utilities, health insurance premiums, college tuition, and so on. The frustration compounds when you know the money exists. You can see the account balance. You know there are sufficient funds. But you can't touch any of it without going through a formal legal process first.  Unfortunately, getting access to those frozen assets requires navigating a complex legal system. The Court Process No One Wants When proper planning hasn't been done, loved ones must petition the court for authority to handle estate matters. This involves filing paperwork, paying fees, attending hearings, and waiting for the court to issue documents that grant legal authority.  The timeline varies, but generally speaking, families should expect this process to take months, not weeks. During that time, you're juggling your own life responsibilities while also navigating an unfamiliar legal system. You're taking time off work for court appearances. You're gathering documentation. You're waiting for approval on decisions that need to be made quickly. You’re also waiting for family members to sign legal paperwork and mail it to you.  The costs add up, too. Court filing fees are just the beginning. Many families need legal help to navigate the process correctly, which means attorney fees. There may be accounting requirements. And all of these expenses come out of the estate before anything can be distributed to loved ones. The court process is also set up for conflict, causing further delays. Heirs must receive notice of court filings, and they are able to file claims against the estate, challenge the proceedings, or dispute the amounts they may inherit. This conflict not only takes time for the court to reach any meaningful resolution, but it can also create breaks in familial relationships that never mend. And while you're dealing with court procedures and paperwork, the law is making decisions about your family's future. When the Law Decides for You Without a will or a trust stating otherwise, state law determines who inherits what. These laws follow a rigid formula based on family relationships. For straightforward family situations, the outcome might align with what the deceased person would have wanted anyway. But the process still takes time and money. The real problems emerge in complex family situations. Blended families. Unmarried couples. Estranged relatives. Family members with special circumstances. When state law makes these decisions, the results may not reflect what the deceased person actually wanted or what makes sense for their loved ones. You also lose control over the details that matter. Who gets the family heirlooms? How should sentimental items be distributed? What happens to the family home? Without instructions, these decisions either get made by the court or lead to family conflict as survivors try to figure out what's fair. Beyond the legal and financial complications, there's a hidden cost that families feel most deeply. The Emotional Cost That Numbers Can't Capture Beyond the time and money, there's an emotional burden that's hard to quantify. You're grieving while simultaneously dealing with bureaucracy. You're making dozens of phone calls, filling out forms, and attending court hearings when you'd rather be with family and friends who are also mourning. Family relationships can suffer too. Even in close families, the stress of managing estate matters without clear guidance can create tension. Siblings may disagree about decisions. Questions arise about whether things are being handled fairly. Old resentments can resurface when people are already emotionally vulnerable. And through it all, you're left wondering why this had to be so hard. Your parent didn't intend to create this burden. They simply didn't realize that planning was important - or that the planning they did wasn't complete. The good news is that none of this has to happen to you or your loved ones A Different Path Exists This entire situation is avoidable . With proper planning and a trusted advisor, families can bypass court proceedings, access assets without delay, and focus on healing instead of paperwork. The difference comes down to creating a comprehensive plan that works after death, not just during life. This means thinking through who will have authority to manage affairs, how assets should be transferred, and what instructions family members will need when the time comes. It means creating a plan that documents your wishes and will work when you and your loved ones need it to. It also means having professional support available to guide your family through the process. When you work with someone who knows you and understands your decisions, your family has a trusted advisor to turn to for help, not just a stack of documents they're trying to interpret on their own. Finally, the time to act is now, while you can make clear decisions and put proper protections in place. Your loved ones deserve better than being left to navigate a complex legal system during one of the hardest times of their lives. Click here to schedule a complimentary 15-minute discovery call to learn how I can support you.

One of our primary goals is to educate you on the vital importance of not only preparing an estate plan, but also keeping your plan up-to-date. While you almost surely understand the importance of creating an estate plan, you may not know that keeping your plan current is every bit as important as creating a plan to begin with. In fact, outside of not creating any estate plan at all, outdated estate plans are one of the most common estate planning mistakes we encounter. We’ll get called by the loved ones of someone who has become incapacitated or died with a plan that no longer works because it was not properly updated. Unfortunately, once something happens, it’s too late to adjust your plan, and the loved ones you leave behind will be stuck with the mess you’ve left, or they could end up in a costly and traumatic court process that can drag out for months or even years. Estate planning is an ongoing process, not a one-and-done type of deal. To ensure your plan works properly, it should continuously evolve along with your life circumstances and other changing conditions. Regardless of who you are, your life will inevitably change: families change, assets change, laws change, and goals change.  In the absence of any major life events, we recommend reviewing your estate plan annually and we do 3 year reviews with all clients to keep you accountable. However, there are several common life events that require you to immediately update your plan—that is, if you want it to actually work and keep your family out of court and out of conflict. To this end, if any of the following events occur in your life, contact us right away to amend your estate plan. LIFE EVENTS THAT NECESSITATE AN IMMEDIATE REVIEW OF YOUR ESTATE PLAN 01   |  YOU GET MARRIED: Marriage not only changes your relationship status; it changes your legal status. Regardless of whether it’s your first marriage or fourth, you must take the proper steps to ensure your estate plan properly reflects your current wishes and needs. After tying the knot, some of your most pressing concerns include naming your new spouse as a beneficiary on your insurance policies and retirement accounts, granting him or her Medical Power Of Attorney and/or Durable Financial Power Of Attorney (if that’s your wish), and adding him or her to your will and/or trust 02   |  YOU GET DIVORCED: Because divorce is such a stressful process, estate planning often gets overshadowed by the other dramatic changes happening. But failing to update your plan for divorce can have terrible consequences. Once divorce proceedings start, you’ll need to ensure your future ex is no longer eligible to receive any of your assets or make financial and medical decisions on your behalf—unless that’s your wish. Once the divorce is finalized and your property is divided, you’ll need to adjust your estate plan to match your new asset profile and living situation. 03   |  YOU GIVE BIRTH OR ADOPT: Welcoming a new addition to your family can be a joyous occasion, but it also demands entirely new levels of planning and responsibility. At the top of your to-do list should be legally naming both long and short-term guardians for your child. Once you’ve named guardians, consider putting other estate planning vehicles, such as a Revocable Living Trust, in place for your kids. These planning tools can make certain the assets you want your child to inherit will be passed on in the most effective and beneficial way possible for everyone involved. Consult with us to determine which planning strategies are best suited for your family situation. 04   |  YOU HAVE A MINOR CHILD REACH THE AGE OF MAJORITY: Once your kids become legal adults—which is age 18 or 21, depending on your state—many areas of their life that were once under your control will become entirely their responsibility. And if your kids don’t have the proper legal documents in place, you could face a costly and traumatic ordeal should something happen to them.   For instance, if your child were to get into a serious car accident and require hospitalization, you would no longer have the automatic authority to make decisions about his or her medical treatment or the ability to manage their financial affairs. Without legal documentation, you wouldn’t even be able to access your child’s medical records or bank accounts without a court order. To prevent your family from going through an expensive and unnecessary court process, speak with your kids about the importance of estate planning, and meet with us to ensure they have the proper legal documents in place as they start their journey into adulthood. 05   |  A LOVED ONE DIES: The death of a family member, partner, or close friend can have serious consequences for both your life and estate plan. If the deceased person was included in your plan, you need to update it accordingly to fill any gaps his or her death may create. From naming new beneficiaries, executors, and guardians to identifying new heirs to receive assets allocated to the deceased, make sure your plan addresses all voids created by a death in the family as soon as possible. 06   |  YOU GET SERIOUSLY ILL OR INJURED: As with death, illness and injury are an unavoidable part of life. If you’ve been diagnosed with a serious illness or are involved in a life-changing accident, you may want to review the people you’ve chosen to handle your medical decisions as well as how those decisions should be made. The person you want to serve as your healthcare proxy can change with time, so be sure your plan reflects your current wishes. 07   |  YOU MOVE TO A NEW STATE:  Estate planning laws can vary widely from state to state, so if you move to a different state, you’ll need to review and/or revise your plan to ensure it complies with your new home’s legal requirements. And because some estate planning laws are complex, you’ll want to meet with us to make certain your plan will still work exactly as you desire in your new location. 08   |  YOUR ASSETS OR LIABILITIES CHANGE SIGNIFICANTLY:  Whenever the value of your estate changes dramatically—whether an increase or decrease, or even just the acquisition or sale of assets— you should revisit and update your plan. Whether you inherit a fortune, take out a new loan, retire, sell a home or business, buy a home or business, or change your investment portfolio, your plan should be adjusted accordingly. 09   |  YOU BUY OR SELL A BUSINESS: If you are buying a business, you’ll want to ensure your plan is updated to take into account your succession plans for the new venture. For every business you own, you should consider creating a buy-sell agreement and a business succession plan to protect both your business and your family in case something happens to you. In your plan, you can not only decide who will take over your role as the company’s owner should something happen to you, but you can also provide him or her with a detailed road map for how the business should be run in your absence with a comprehensive business succession plan. 10   |  THE FEDERAL ESTATE-TAX EXEMPTION OR YOUR STATE’S ESTATE-TAX EXEMPTION CHANGES SIGNIFICANTLY: Anytime the federal estate-tax exemption or your state's estate-tax exemption changes dramatically, we recommend you review your financial assets and your estate plan. Tax laws are constantly changing, so you should consult with us to ensure you are achieving the maximum tax savings possible and your investments are still aligned with your strategic goals in light of the latest changes to the tax code. LIFE & LEGACY PLANNING At Kaplan Estate Law, our estate planning services go far beyond simply creating documents and then never seeing you again. In fact, we will develop a relationship with you and your family that lasts throughout your lifetime. Ultimately, we’ve discovered that estate planning is about far more than planning for your death and passing on your “estate” to your loved ones—it’s about planning for a life you love and a legacy worth leaving by the choices you make today. And this is why we call our services Life & Legacy Planning. Contact us to get your plan started today.

When you begin thinking about estate planning, one of the first questions you might ask is whether you need a will, a trust, or both. You may have heard conflicting information from friends, social media, or TV experts, which can make the decision feel confusing. And while both wills and trusts can play an important role in your estate plan, the real question is not which document you should choose, but how to create a plan that actually works when your loved ones need it to. In this article, you’ll learn the real difference between wills and trusts, how each works in practice, and what you should consider before making a decision. More importantly, you’ll discover why choosing the right tool is only one part of building a plan that keeps your family out of court, out of conflict, and out of costly mistakes.  What a Will Does and What It Doesn’t Do A will is often the first document people think of when they think about estate planning. It allows you to state who receives your assets and who you want to raise your children after you die. But a will has important limitations that most people don’t realize until it’s too late. A will must go through probate, which is a court process that becomes public record. Even in states considered “probate-friendly,” the process can still take months or years, cost thousands of dollars, and create opportunities for conflict. If you have minor children, a will also does not prevent them from being placed in the temporary care of strangers until a judge sorts things out, unless you have a comprehensive estate plan in place.  Importantly, a will also has no authority while you are living.  If you become incapacitated, your loved ones will still need additional legal tools to manage your medical decisions, financial matters, and personal care. Without a plan that addresses incapacity, your loved ones may face court involvement, delays, and unnecessary stress during an already emotional time. And, yes, if you have a power of attorney that does operate while you are living, BUT your power of attorney stops operating at the time of your death. I know, it can be confusing. That’s why we always begin with clear education so you understand what you are doing, and why, and then support you to choose the right plan for you. Because of the limitations of wills and powers of attorney alone, many people look to trusts for greater protection and privacy. How a Trust Works  A trust is a legal structure that can hold your assets during your lifetime and distribute them according to your instructions when you die. Unlike a will, a properly funded trust bypasses probate entirely, keeping your affairs private and allowing your loved ones to take action and handle your affairs immediately when something happens to you A trust also gives you far more control. You can protect a child’s inheritance from divorce, lawsuits, or poor financial habits, and you can determine how and when they receive assets. With the support of an experienced attorney and ongoing plan reviews, a trust can remain aligned with your changing assets, family dynamics, and long-term wishes. One common misunderstanding is that simply signing a trust means everything is handled. Unfortunately, traditional lawyers and DIY services often leave the most important step unfinished: funding the trust. When assets are not titled correctly, the trust fails, and your loved ones still end up in probate, which is often the very outcome the trust was meant to avoid. The real value comes from working with a lawyer who ensures every asset is properly transferred, kept up to date, and fully coordinated with your overall plan.  So how do you decide whether you need a will, a trust, or both? It starts with understanding what you want your plan to accomplish. Key Factors to Consider When Deciding Between a Will and a Trust When choosing the right tools for your plan, the decision is not simply about documents. It’s about your goals, your family, and the legacy you want to leave behind. Here are some things to consider: 1. Do you want to keep your loved ones out of court? If avoiding court, reducing conflict, and preserving privacy are important to you, a trust may be the best option. Many families believe probate court will be “simple,” but real-life stories show how quickly things can spiral. From siblings fighting over sentimental items to property stuck for years, the cost of a cheap or incomplete plan can be devastating. 2. Do you have minor children? A will alone is not enough to protect your children. You need documents naming long-term guardians, short-term guardians,  clear instructions to avoid your children being taken into temporary custody of the authorities, and documentation that excludes anyone you’d never want to raise your kids. A trust can also preserve assets for your children and ensure caregivers receive the support they need.  3. Do you own a home or have more than one account? Even modest estates benefit from a trust because it simplifies management and prevents assets from slipping through the cracks. Today, unclaimed property in the U.S. exceeds $60 billion, largely because families couldn’t locate assets or the owner didn't keep an updated inventory. A trust-based plan, paired with ongoing guidance, helps prevent your life’s work from becoming part of that statistic. 4. Do you want someone you trust to manage things if you become incapacitated? A trust can provide immediate authority to someone you choose, avoiding a court-supervised conservatorship. This keeps your bills paid, your home maintained, and your wishes honored without court delays. 5. Do you want long-term protection for beneficiaries? If you want your loved ones to receive assets protected from creditors, lawsuits, or divorce, a trust offers options a will simply cannot. If you have loved ones who aren’t financially responsible, suffering from addiction, or have special needs, a trust will ensure assets are protected for their benefit. No matter which tool you choose, what matters most is that your plan works when your loved ones need it. That requires more than documents. It requires education, support, guidance and counsel. That’s why we always begin your estate planning with a Life & Legacy Planning Session. What to Do Now As a trusted advisor to you and your loved ones, my objective is not just to help you choose between a will and a trust. I’m here to  help you create a comprehensive estate plan, called a Life & Legacy Plan , that protects the people you love, keeps them out of court and conflict, and ensures your wishes are honored. I also have systems to review your plan over time, ensuring your plan will work when the people you loved need it, and that our firm will be there for them, when you can’t be. If this all sounds expensive, I can assure you that it’s a lot less costly than the loss of your assets to avoidable court costs, conflict, or your loved ones simply not knowing what to do or what you have. Let’s start with a 15-minute discovery call during which we can guide you to your next best steps in identifying the most affordable and effective plan for yourself and the people you love.  Click here to book your discovery call and get started!

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 pride, denial, and above all, a lack of real education about estate planning and the consequences to your family of not planning. Once you understand exactly how planning is designed to work and what it protects against, you’ll realize there is no acceptable excuse for not having a plan. Indeed, the first step in creating a proper plan is to thoroughly understand the potential consequences of going without one. In the event of your death or incapacity, not having a plan could be incredibly traumatic and costly for both you and your family, who will be forced to deal with the mess you’ve left behind. While each estate and family are unique, here are some of the things most likely to happen to you and your loved ones if you fail to create a plan. 01  |  YOUR FAMILY WILL HAVE TO GO TO COURT If you don’t have a plan, or if you only have a will (yes, even with a will), you’re forcing your family to go through probate upon your death. Probate is the legal process for settling your estate, and even if you have a will, it’s notoriously slow, costly, and public. But with no plan at all, probate can be a true nightmare for your loved ones. Depending on the complexity of your estate, probate can take months, or even years, to complete. And like most court proceedings, probate can be expensive. In fact, once all of your debts, taxes, and court fees have been paid, there might be nothing left for anyone to inherit. And if there are any assets left, your family will likely have to pay hefty attorney’s fees and court costs in order to claim them. Yet, the most burdensome part of probate is the frustration and anxiety it can cause your loved ones. In addition to grieving your death, planning your funeral, and contacting everyone you’re close with, your family will be stuck dealing with a crowded court system that can be challenging to navigate even in the best of circumstances. Plus, the entire affair is open to the public, which can make things all the more arduous for those you leave behind, especially if the wrong people take an interest in your family’s affairs. That said, the expense and drama of the court system can be almost totally avoided with proper planning. Using a trust, for example, we can ensure that your assets pass directly to your family upon your death, without the need for any court intervention. As long as you have planned properly, just about everything can happen in the privacy of our office and on your family’s time. 02  |  YOU HAVE NO CONTROL OVER WHO INHERITS YOUR ASSETS If you die without a plan, the court will decide who inherits your assets, and this can lead to all sorts of problems. Who is entitled to your property is determined by our state’s intestate succession laws, which hinge largely upon whether you are married and if you have children. Spouses and children are given top priority, followed by your other closest living family members. If you’re single with no children, your assets typically go to your parents and siblings, and then more distant relatives if you have no living parents or siblings. If no living relatives can be located, your assets go to the state. But you can change all of this with a plan and ensure your assets pass the way you want. It’s important to note that state intestacy laws only apply to blood relatives, so unmarried partners and/or close friends would get nothing. If you want someone outside of your family to inherit your property, having a plan is an absolute must. If you’re married with children and die with no plan, it might seem like things would go fairly smoothly, but that’s not always the case. For example, you might be estranged from your kids or not trust them with money, but without a plan, state law controls who gets your assets, not you. Moreover, dying without a plan could also cause your surviving family members to get into an ugly court battle over who has the most right to your property. Or if you become incapacitated, your loved ones could even get into conflict over your medical care. You may think this would never happen to your loved ones, but we see families torn apart by it all the time, even when there’s little financial wealth involved. We can help you create a plan that handles your assets and your care in the exact manner you wish, taking into account all of your family dynamics, so your death or incapacity won’t be any more painful or expensive for your family than it needs to be. 03  |  YOU HAVE NO CONTROL OVER YOUR MEDICAL, FINANCIAL, OR LEGAL DECISIONS IN THE EVENT OF YOUR INCAPACITY Most people assume estate planning only comes into play when they die, but that’s dead wrong—pun fully intended. Although planning for your eventual death is a big part of the process, it’s just as important—if not more so—to plan for your potential incapacity due to accident or illness. If you become incapacitated and have no plan in place, your family would have to petition the court to appoint a guardian or conservator to manage your affairs. This process can be extremely costly, time consuming, and traumatic for everyone involved. In fact, incapacity can be a much greater burden for your loved ones than your death. We can help you put planning vehicles in place that grant the person(s) of your choice the immediate authority to make your medical, financial, and legal decisions for you in the event of your incapacity. We can also implement planning strategies that provide specific guidelines detailing how you want your medical care to be managed, including critical end-of-life decisions. 04  |  YOU HAVE NO CONTROL OVER WHO WILL RAISE YOUR CHILDREN If you’re the parent of minor children, the most devastating consequence of having no estate plan is what could happen to your kids in the event of your death or incapacity. Without a plan in place naming legal guardians for your kids, it will be left for a judge to decide who cares for your children. And this could cause major heartbreak not only for your children, but for your entire family. You’d like to think that a judge would select the best person to care for your kids, but it doesn’t always work out that way. Indeed, the judge could pick someone from your family you’d never want to raise them to adulthood. And if you don’t have any family, or the family you do have is deemed unfit, your children could be raised by total strangers. What’s more, if you have several relatives who want to care for your kids, they could end up fighting one another in court over who gets custody. This can get extremely ugly, as otherwise well-meaning family members fight one another for years, making their lawyers wealthy, while your kids are stuck in the middle. With this in mind, if you have minor children, your number-one planning priority should be naming legal guardians to care for your children if anything should happen to you. This is so critical, we’ve developed a comprehensive system called the Kids Protection Plan that guides you step-by-step through the process of creating the legal documents naming these guardians. Naming legal guardians won’t keep your family out of court, as a judge is always required to finalize the legal naming of guardians in the event of death or incapacity of parents. But if it’s important to you who raises your kids if you can’t, you need to give the judge clear direction. On top of that, you need to take action to keep your kids out of the care of strangers over the immediate term, while the authorities figure out what to do if you’re incapacitated or dead. We handle that in a Kids Protection Plan too. N o more excuses. Given the potentially dire consequences for both you and your family, you can’t afford to put off creating your estate plan any longer. As your attorney, we will guide you step-by-step through the planning process to ensure you’ve taken all the proper precautions to spare your loved ones from needless frustration, conflict, and expense. That said, the biggest benefit you stand to gain from putting a plan in place is the peace of mind that comes from knowing your loved ones will be provided and cared for no matter what happens to you. Don’t wait another day— contact us to schedule an appointment, so you can finally check this urgent task off your to-do list. Questions? E-mail attorney Lauren Kaplan at lauren@kaplanestatelaw.com .

As the holidays approach, families gather to share food, laughter, and stories. But amid the joy, there is often an unspoken truth: many families avoid the conversations that matter most. What will happen when you are gone? How will your loved ones be cared for? What legacy will you leave behind? This season offers a rare opportunity to bring love, not fear, into these important conversations. In this article, you will learn how to shift your mindset about death and money, how to open heartfelt conversations with your family, and how to turn those talks into meaningful action with a Life & Legacy Plan. Shifting the Conversation About Death and Money Most people put off estate planning because they don’t want to face their mortality, or they think of death as something that won’t happen anytime soon. Money is also too often a taboo subject in our culture. It’s no wonder, then, that 55% of Americans don’t have an estate plan . And this number doesn’t account for those who have an outdated plan that no longer works, so the actual number is much lower. But what if we flipped the script when we think of death and money? What if death and money weren’t topics to be avoided, but to be embraced? Death is a natural part of life, and planning for what happens to your assets and to your loved ones is an expression of love. Planning ensures everyone you love has clarity and knows exactly what to do when the time comes. Instead of viewing estate planning as preparing for the end, see it as protecting your loved ones’ beginning after you die. This mindset shift is powerful because it changes estate planning from something you feel you have to do into something you want to do out of devotion to your loved ones. When you think about your plan as a message of care, you begin to see every decision differently. Choosing a guardian for your children, designating beneficiaries, or even making end-of-life medical choices becomes less about control and more about making things as easy on your loved ones as possible after your death. It also helps to recognize that the way we talk about death influences how our loved ones experience it. When you model openness and calm, your loved ones learn to approach loss with grace rather than fear.  To start shifting your own mindset, focus on legacy, not loss. Ask yourself: What stories, lessons, or values do I want my loved ones to carry forward? How can I make life easier for them when I am gone? What message of love do I want them to hear when they think of me? How can I ensure their financial security when I’m no longer there? When you anchor your thoughts in love, the topic of death becomes not a burden, but a gift. How to Bring Your Family Into the Conversation Once you have reframed estate planning as an act of care, the next step is helping your loved ones see it the same way. The holidays are the perfect time. Surrounded by gratitude and reflection, your family is already thinking about what matters most - each other. You can open the conversation gently with something like, “I have been thinking about how much you mean to me, and I want to make sure you are cared for no matter what happens.” This kind of introduction immediately sets a tone of reassurance. It communicates that your motivation is love, not fear. From there, the conversation can unfold naturally and meaningfully. Here are several ways to make it comfortable and productive: Choose the Right Setting. Pick a quiet moment rather than a busy or emotional one. After dinner, during a walk, or while sitting by the fire can be ideal times when everyone feels relaxed and connected. Invite Participation. Instead of delivering information, ask questions. “What do you think would make things easier for you if something ever happened to me?” When you involve your loved ones, it helps them feel included rather than intimidated. Acknowledge the Emotion. It is natural for people to feel uneasy at first. You might say, “I know this is not easy to talk about, but I feel peaceful knowing we can share our thoughts now while we have the chance.” By naming the discomfort, you take away its power. Focus on Values, Not Just Logistics. You can share your philosophy about life, your hopes for how your loved ones will handle challenges, and your dreams for their future. This turns a potentially uncomfortable topic into a moment of connection. Once you have created that sense of trust, move into the practical matters that bring real clarity. Explain the why behind your choices. If you have chosen specific people for roles such as executor or guardian, explain your reasoning. Understanding prevents hurt feelings and reduces the risk of future conflict. Also acknowledge that some people may feel slighted. Welcome their emotions with compassion. Discuss your wishes for care. Share who you would want to make medical or financial decisions for you if you become incapacitated. Explain why you’ve chosen that person. Provide a financial overview. You do not need to disclose every number, but share where your key assets are located and how to access them. Every year, billions of dollars go unclaimed because families simply do not know what exists. A simple list or inventory can make all the difference. When you work with us, we will support you to create an asset inventory as an inherent part of our Life & Legacy Planning process. When you approach the conversation with empathy and intention, it becomes not a grim discussion but a sacred exchange of love and gratitude. How Life & Legacy Planning Turns Talk Into Action A heartfelt family conversation is a powerful beginning, but what truly protects your loved ones is turning that conversation into action. That is where Life & Legacy Planning comes in. Traditional estate planning focuses only on creating documents. Life & Legacy Planning is different because it focuses on creating results. It is a relationship-based process that ensures your plan reflects your goals, your assets, and your values, while also being updated as your life and the law change, so it works when you and your loved ones need it to. When you create your Life & Legacy Plan with me, you will: Create a complete inventory of your assets so nothing is lost or forgotten. Receive ongoing support from my office to ensure your plan always stays current and doesn’t fail you or your loved ones. Ensure your loved ones know what to do and how to access what they need when the time comes. Life & Legacy Planning transforms estate planning from a transaction into a lifelong relationship with a trusted advisor who will support your family when they need it most. Imagine how much peace it will bring to your loved ones to know exactly where things are, whom to call, and how to handle every detail when the time comes. Instead of confusion or chaos, they will have clarity and guidance. That is the true gift of planning. The Greatest Gift of All Talking about death, money, and your wishes might not seem festive, but it is one of the most meaningful and loving acts you can offer. When your loved ones understand what to do, how to do it, and why it matters, they can focus on what truly counts: honoring your life and carrying your love forward. Having open and honest conversations about death and money transforms estate planning from fear to freedom. It gives your loved ones the space to grieve without added stress, to make decisions without conflict, and to move forward with confidence. Your Next Step This holiday season, take the opportunity to talk about what truly matters - your love, your values, and your wishes for your loved ones’  future. Then take action to ensure those wishes are carried out. Start the conversation now, and then let me support you to create a plan that gives your loved ones peace of mind for generations to come. Schedule your complimentary 15 minute initial call today.

When it comes to planning for your family's future, the options can feel overwhelming. Should you get a will? Create a trust? And what happens if you do nothing at all? These aren't just academic questions - your choices today will impact your loved ones tomorrow. In this second installment of a two-part Q & A series , I’ll break down the key differences between your primary estate planning options and explore practical ways to ensure your family is protected, no matter what the future holds. So, let’s dive in, beginning with a question about the basic estate planning documents. Q: What is the difference between a will, living trust, and dying intestate? And what does that mean, practically speaking? A: If you die without an estate plan, you do have a plan - it’s just the plan chosen for you by the state, and you may not like it. Almost certainly, your loved ones won’t like it because it means they’ll likely need to deal with a court process called “probate.” When you die without a will, it’s called dying “ intestate,” and it means that your assets are distributed according to state law after a process in which a judge decides who gets what. This could mean your assets would not go to the people you choose in the way you choose, and your family could face a lengthy, expensive, and public court process during an already difficult time. A will is your basic instruction manual for what happens to your assets after you die, but it usually still requires your family to go through the probate process. While a will allows you to name guardians for your minor children and specify who gets what, your “executor” or “personal representative” must file the will with the court and potentially wait months or even years before receiving your assets. Plus, everything becomes public record - so anyone can look up what you owned and who got what, leaving the inheritors open to predators.  If you create a trust, your assets can be passed to the people you choose without a court process and completely privately. Think of a trust like a container that holds your assets during your lifetime and then, upon your incapacity or death, a successor trustee you’ve named can step in to handle your assets, manage your affairs, and pass your assets to your chosen beneficiaries. With a properly funded trust, your beneficiaries could receive their inheritance within weeks or months instead of months or years.  Q: Is probate always required when someone dies? A: The necessity of probate depends largely on how your assets are titled when you die and the total value of assets that are in your personal name at the time of your death. Assets that are solely in your name with no beneficiary designation must go through probate, and the distribution must be ordered by a Judge. There are some exceptions: jointly owned property automatically passes to the surviving owner, assets with named beneficiaries (like life insurance policies and retirement accounts) go directly to those beneficiaries, and assets held in a properly funded living trust transfer according to the trust's instructions, without court involvement. However, it's important to remember that if minor children are named as beneficiaries, those assets get pulled into the court process known as guardianship. These issues can be complicated and have a huge impact on your loved ones, so it’s important to work with a trusted advisor who can help you understand your goals, and then properly structure your assets to accomplish your goals, especially if you want to keep your family out of court and out of conflict. Keep reading to find out how I can help. Q: What if I’m uncomfortable talking about death and money? A: While it's completely natural to want to avoid thinking about death and avoid talking about money, not planning for the reality of death or a possible incapacity before death can leave your loved ones with an expensive, time-consuming mess to clean up during what will already be an emotionally difficult time. Here's what you absolutely must know: First, if you become incapacitated or die without a plan, the court will make all the decisions about your care and your assets according to state law, not according to what you would have chosen.  Second, if you have minor children and no estate plan, the court will decide who raises your children and who takes care of the assets you leave behind, all without your input. Think about that for a moment. A judge is a complete stranger to you and your kids, yet that’s who will decide your children’s future - who makes decisions about their education, their health matters, and their financial affairs. And, then, whatever you leave behind and whatever is left after the court process goes to your children when they turn 18, without protection (i.e., they’ll be free to spend it all as quickly as they want). If that concerns you, you need a plan of your own. Third, your family will likely have to spend significantly more time and money dealing with your affairs if you don't have a plan in place than if you had taken the time to create one. The good news is that creating a plan doesn't have to be overwhelming or uncomfortable—working with a trusted advisor who can guide you through the process step by step can actually bring you peace of mind, knowing you've taken care of the people you love.  Q: How can you minimize the stress to your family by handling these matters in the simplest way possible? A: The best way to minimize stress for your family is to create a clear, comprehensive Life & Legacy Plan before anything happens to you. Many people think creating an estate plan will be stressful, but it's actually the lack of planning that creates the most stress for families.  When you work with me, I make the process as simple as possible. First, I help you get clear about what you own and what would happen to everything you own and everyone you love (including yourself) when something happens to you. Then, I support you to make informed, empowered choices about who should receive your assets, who should be in charge of carrying out your wishes, and how you want it all handled. Finally, I help ensure your plan will actually work when your family needs it by supporting you to review your plan regularly as your life changes and ensuring we maintain an updated inventory of your assets to ensure none of your assets are lost to the state due to oversight, after your death. How We Help You Create Peace of Mind We understand that thinking about death and money can feel overwhelming. That's why we've created a simple, step-by-step process to help you get your affairs in order and ensure your family is protected. Our Life & Legacy Planning process goes beyond just creating legal documents - we help you make informed decisions about your family's future, keep your plan updated as your life changes, and ensure your wishes will be carried out properly when the time comes. Most importantly, we'll be there for your family when you can't be, providing the guidance and support they'll need during a difficult time. You'll gain peace of mind knowing you've done everything possible to make things easier for the people you love. Click here to schedule a complimentary 15-minute consultation to learn more, or email us at lauren@kaplanestatelaw.com .

When it comes to estate planning, I get many questions about many topics. One of the most common questions I hear concerns account ownership and asset management. Understanding how accounts are titled and who has access to them isn't just about convenience—it's about ensuring your assets transfer smoothly to your loved ones while protecting them from potential risks.  In this first installment of a two-part series, I’ll answer the most common questions about asset ownership and management. I’ll also outline ways in which you can make things as easy for your family after your death. So let’s dive in, beginning with a question about joint assets. Q: What's the difference between joint ownership and transfer-on-death designation? A: Joint ownership means both parties have full access to and ownership of a specific  account or piece of real estate, while living. When one owner dies, the surviving owner automatically receives full ownership. This can be convenient but comes with risks - a joint owner can withdraw all the money at any time, and the account could be vulnerable to either joint owner’s creditors or legal judgments. On the other hand, transfer-on-death (TOD) or payable-on-death (POD) beneficiary designations give you sole control during your lifetime. Your designated beneficiary has no access or rights to the account while you're alive but receives the assets automatically upon your death. This arrangement prevents another person from accessing your assets while you’re alive and also avoids the court process (called probate) after you die.  One important note: When you have a joint owner on your account, or a designated beneficiary, that person will receive all the funds after you die, no matter how old they are or what your family dynamics are. This can create conflict in your family or can cause someone who’s fiscally irresponsible to potentially inherit a windfall with no safeguards. Lawsuits are filed all the time by disgruntled siblings who find out that the caretaker sibling receives all the money in a parent’s account (or sole title to real estate) rather than being distributed equally among all siblings. If this is a concern to you, read on to find out how you can book a call with me to learn about your options.  Q: If I hold my property jointly, or use a TOD or POD, do I need to have a Trust? If you use joint ownership or TOD/POD instead of a Trust, you need to consider some traps for the unwary. First, as indicated above, jointly owned property could be at risk from creditors of either party. Consider a granddaughter, who was titled on grandma’s bank account. When granddaughter didn’t pay a bill for her business, she was sued and had a judgment held against her. Next thing you know, grandma’s account gets garnished because it was held jointly with granddaughter. Suppose you use a TOD or POD to avoid a scenario like that. In that case, the problem is that the TOD/POD only operates in the event of death, not incapacity, and TOD/POD could result in the wrong person ending up getting the assets or the assets ending up in probate if there is an unexpected “order of death” issue. Imagine, grandma leaves house to grandson using TOD, but grandma and grandson are in the car together when there’s an accident, and grandson dies first, with grandma dying shortly thereafter, and before she could change the TOD/POD. Who gets the property, and how? In this case, the property would have to go through probate and pass to grandma’s “next of kin” according to the state intestacy statutes. Given that grandma was leaving her property to grandson, it’s likely she didn’t want the “state’s plan” for her assets. But, that’s what she’ll end up with. The solution is not to use joint ownership or a TOD/POD to pass title to assets at your death. Instead, set up a trust and retitle the property, and everything can be handled with ease, privately, and in our office, for the people you love. Q: What happens to retirement accounts and life insurance policies after death? A: These accounts pass directly to your named beneficiaries, bypassing probate and any instructions in your will, as long as you have named beneficiaries, and if you haven’t named a minor as a beneficiary This is why keeping your beneficiary designations up to date is crucial. If your beneficiary designations are outdated – listing an ex-spouse or deceased person, for example – your assets might not go where you want them to. Even worse, if you have no beneficiary listed, these accounts would go through probate, costing your loved ones unnecessary time and money. If you’ve named a minor as a beneficiary, the assets will be subject to a court process to hold the assets under court order until your minor beneficiary is “of age” - 18 in Illinois. Q: Do I need an inventory of my assets? A: Yes, and it’s critically important that you create an inventory and keep it up to date. We include this in all of our planning options because it’s one of the most important parts of the planning process. Our process, called Life & Legacy Planning, includes an asset inventory because if you don’t inventory your assets, your family will not know what you have, how to find it, and how to get access to it as easily and affordably as possible.  Lost assets end up in your state’s treasury as unclaimed property. In fact, the Illinois State Treasurer is holding 2.5 billion (!) in unclaimed funds for Illinoisians. If you want to ensure that your assets go to the people or charities you want rather than to your state government’s unclaimed property fund, you need an asset inventory. And it must stay up to date. Q: How often should I review my asset inventory and account designations? A: Your inventory and beneficiary designations need to be kept up to date over time so they reflect your current circumstances when you die. My Life & Legacy Planning process includes regular, ongoing reviews of your asset inventory so no asset ever gets lost.  It’s also important to update your asset inventory and account designations whenever you experience a major life event such as: Marriage or divorce Birth or adoption of a child Death of a beneficiary Purchase or sale of significant assets Moving to a new state Starting a business Retirement When you work with me, you won’t have to remember this on your own. I’ll proactively remind you to update your inventory and beneficiary designations and help make it as easy as possible for you to take action.  Q: What's the best way to organize and store my asset information? A: Create a clear, organized system that your loved ones can easily access if something happens to you. However, be careful about including sensitive information like passwords in your will, as it becomes public record after death. Instead, consider keeping this information in a secure location and telling your trusted family members, executor, or trust administrator how to access it. I will help you explore options for the best way to do this when we work together. How We Help You Get Organized and Protected At Kaplan Estate Law, we help you create a comprehensive Life & Legacy Plan that includes a complete asset inventory, proper account titling, and coordinated beneficiary designations. We'll help you understand the implications of different ownership structures and guide you in making the best choices for your family's unique situation. Plus, we'll help you keep everything updated through regular reviews, ensuring your plan continues to work as intended. You’ll gain peace of mind knowing that your assets will go to the people you want in the way you want. Click here to schedule a complimentary 15-minute consultation to learn more, or email us at lauren@kaplanestatelaw.com .

Wills and trusts are two of the most commonly used estate planning documents, and they form the foundation of most estate plans. While both documents are legal vehicles designed to distribute your assets to your loved ones upon your death, the way in which they work is quite different. From when they take effect and the property they cover to how they are administered, wills and trusts have some key differences that you need to consider when creating your estate plan. That said, when comparing the two documents, you won’t necessarily be choosing between one or the other—most plans include both . In fact, a will is a foundational part of nearly every person’s estate plan. Yet, you may want to combine your will with a living trust to avoid the blind spots inherent in plans that rely solely on a will. As you’ll learn below, the biggest of these blind spots is the fact that if your estate plan only consists of a will, you are guaranteeing your family has to go to court if you become incapacitated or when you die. To determine the right solution for your family, you should meet with us for a Life & Legacy Planning Session. We offer a comprehensive process for helping you feel confident that you’ve chosen the right planning tools at the right fees for yourself and the people you love. In the meantime, here are some of the key differences between wills and trusts that you should be aware of. WHEN THEY TAKE EFFECT A will only will go into effect when you die, while a trust takes effect as soon as it’s signed and your assets are transferred into the name of the trust, known as “funding” the trust. To this end, a will directs who will receive your assets upon your death, while a trust specifies how your assets will be distributed before your death, at your death, or at a specified time after death. This is what keeps your family out of court in the event of your incapacity or death. Furthermore, because a will only goes into effect when you die, it offers no protection if you become incapacitated and are no longer able to make decisions about your financial, legal, and healthcare needs. If you do become incapacitated, your family will have to petition the court to appoint a conservator or guardian to handle your affairs, which can be costly, time-consuming, and stressful. And there’s always the possibility that the court could appoint a family member as a guardian that you’d never want making such critical decisions on your behalf. Or the court might select a professional guardian, putting a total stranger in control of just about every aspect of your life. With a trust, however, you can include provisions that appoint someone of your choosing—not the court’s—to handle your assets if you’re unable to do so. When combined with a well-drafted medical power of attorney and living will, a trust can keep your family out of court and out of conflict in the event of your incapacity, while ensuring your wishes regarding your medical treatment and end-of-life care are carried out exactly as you intended. THE ASSETS THEY COVER A will covers any asset solely owned in your name. A will does not cover property co-owned by you with others listed as joint tenants, nor does your will cover assets that pass directly to your loved ones via a beneficiary designation, such as life insurance, IRAs, 401(k)s, and payable-on-death bank accounts. Trusts, on the other hand, cover any asset that has been transferred, or “funded,” to the trust or where the trust is the named beneficiary of an account or policy. That said, if an asset hasn’t been properly funded to the trust, it won’t be covered, so it’s critical to work with your attorney to ensure your trust works as intended. Most lawyers will set up a trust for you, but few will ensure your assets are properly inventoried or funded, and we believe this is the single most important aspect of estate planning—and it’s one that is almost always overlooked. As your attorney, we will not only make sure your assets are properly inventoried and titled when you initially set up your trust, we'll also ensure that any new assets you acquire over the course of your life are inventoried and properly funded to your trust on an ongoing basis, with various maintenance plans to ensure your plan works when your family needs it. This keeps your assets from being lost and prevents your family from being inadvertently forced into court because your plan was never fully completed. Finally, even with the support of a lawyer like us, it can sometimes be difficult to transfer every single one of your assets into a trust before your death. Given this, consider combining your trust with what’s known as a “pour-over” will. With a pour-over will in place, all assets not held by the trust upon your death are transferred, or “poured,” into your trust through the probate process. HOW THEY ARE ADMINISTERED In order for assets in a will to be transferred to a beneficiary, the will must pass through the court process known as probate. During probate, the court oversees the will’s administration, ensuring your assets are distributed according to your wishes, with automatic supervision to handle any disputes. However, probate proceedings can drag out for months or even years, and your family will likely have to hire an attorney to represent them, which can result in costly legal fees that can drain your estate. During probate, there’s also the chance that one of your family members might contest your will, especially if you have disinherited someone or plan to leave significantly more money to one relative than the others. Bottom line: If your estate plan consists of a will alone, you are guaranteeing your family will have to go to court if you become incapacitated or when you die. Furthermore, since probate is a public proceeding, your will becomes part of the public record upon your death. This means everyone will be able to learn the contents of your estate, who your beneficiaries are, and what they inherit, setting them up as potential targets for scam artists and frauds. Unlike wills, trusts don’t require your family to go through probate, which can save them time, money, and the potential for conflict. Plus, when you have a trust set up, the distribution of your assets happens in the privacy of our office—not the courtroom—so the contents and terms of your trust will remain completely private. HOW MUCH THEY COST Wills and trusts do differ in cost—not only when they’re created, but also when they’re used. The average will-based estate plan can run between $1500 to $2,500, depending on the options selected. An average trust-based plan can be set up for $3,000 to $5,000, again depending on the options chosen. So at least on the front end, wills are less expensive than trusts. However, wills must go through probate, where attorney fees and court costs can be quite pricey, especially if the will is contested. So even though a trust may cost more upfront to create than a will, the total costs once probate is factored in can actually make a trust the less expensive option in the long run. That said, each family’s circumstances are different, and this is why as your attorney, we do not create any documents until we know what you actually need, and what will be the most affordable solution for you and your family, both now and in the future, based on your family dynamics, your assets, and your desires. With this in mind, our Life & Legacy Planning process is designed to compare the costs of will-based planning and trust-based planning with you, so you know exactly what you want and why, as well as the total costs and benefits over the long term. FIND THE OPTION THAT’S RIGHT FOR YOUR FAMILY The best way for you to determine whether or not your estate plan should include a will, a living trust, or some combination of the two is to meet with us as your attorney for a Life & Legacy Planning Session . During this process, we’ll take you through an analysis of your assets, what’s most important to you, and what will happen to your loved ones when you become incapacitated or die. Sitting down with us will empower you to feel 100% confident that you have the right combination of estate planning solutions to fit with your unique asset profile, family dynamics, and budget. Schedule your appointment today to get started or e-mail lauren@kaplanestatelaw.com with questions.

Getting married and starting a new chapter in your life is an exciting time. It’s also a time that requires a lot of housekeeping such as updating your address if your marriage includes a move, changing your tax filing status with your employer, and adding your new spouse to your bank and credit card accounts.  But did you know that creating (or updating) your estate plan should also be on your post-wedding to-do list?  Last week we started to explore the key estate planning components every newlywed couple needs to protect their rights, wishes, and plans for their assets now and in the future. This week, we’re continuing the conversation with three more estate planning must-do’s for newlyweds. If you missed last week’s blog, be sure to click this link to catch up . 04   | A Living Trust Are you surprised to see a Trust on our list before a Will? Here’s why a Trust is next on your to-do list. If you are newly married, there’s a strong likelihood that you are relatively young in your life and your career, which means there will be many changes in your assets, family, and wishes as the years go by. Or, you might be re-marrying or getting married later in life and already have a well-established home, financial portfolio, and family that you are now combining with your partner’s life.  In either situation, you’re in a position of blending your life as a single person with the life and wishes of someone else, and the best way to make sure your wishes for your assets and your new family are honored during your lifetime and after your death is to legally document them through a Trust. With a Will, assets must first pass through a court process known as probate before they can be transferred to your spouse or any other beneficiary. But once probate is completed, your loved ones can do whatever they want with the assets they received from you through your Will. The purpose and power of your Will ends when probate ends. The court probate process required for Wills can take months or even years to complete, and can often lead to ugly conflicts between your spouse and other family members. Plus, a Will only governs the distribution of assets upon your death that are not already covered under your Trust or by your beneficiary designations. With a Trust, no court involvement is needed, and you can set parameters for how you want your assets distributed over a predetermined amount of time. For example, if you have children or plan to, you can ensure the assets are safeguarded in the Trust until your children reach a certain age. If you have children from a prior relationship, you can also make sure that your new spouse is financially supported by your assets during their lifetime but that your remaining assets will be returned to your children after your new spouse’s death instead of going to your spouse’s side of the family. Having a Trust hold your children’s inheritance can also help eliminate conflict between step-siblings and between your children and your spouse. Even if your children are adults, leaving their inheritance in a Trust can help avoid family conflict and provide them with a lifetime of asset protection from creditors and lawsuits. Finally, using a Trust as the main vehicle to distribute your assets during your incapacity and after your death allows you to design a custom plan for what happens to your assets far into the future , ensuring that the goals you have for your loved ones are nourished and that your assets are carefully managed and protected even after you’re gone. You can do this by creating contingencies and incentives in your Trust that encourage your heirs to behave in certain ways. For example, for your sibling to receive their inheritance you could require that they seek drug counseling first, or that your children pursue a course of study before receiving a distribution of income from the Trust. 05   | A Will A Will allows you to designate who should receive any assets of yours that aren’t already included in your Trust or directed by beneficiary designations. Ideally, your Trust will include all of your assets. But, if you forget to add an asset to your Trust, a Will ensures that the forgotten asset is “poured over” into your Trust and included under its terms for how you want your assets to be distributed and managed. If you don’t have a Trust, your Will designates who will receive your assets through the court probate process. Your Will may also direct any charitable donations you want to make and can be used to create a Trust upon your death if the circumstances call for it- such as if one of your heirs is disabled at the time of your death. Even if you don’t think you need a Will because you don't have many assets or have other estate planning pieces in place, having a Will as a backup or “pour-over” tool is an essential part of your estate plan. Plus, depending on state law and whether or not you have children, your assets may not get divided according to your wishes if you don’t have a Will, so it’s always a good idea to create one (or update your old one) when you get married.  06   |   Legal Guardians for Your Minor Children Finally, if either you or your spouse have minor children from a prior relationship, or if you are planning to have kids of your own soon, it is crucial that you select and legally document guardians for your children. Guardians are people legally named to care for your children in the event that you or your spouse die or become incapacitated.  To make sure your children are never left in the care of strangers for even a minute, it’s crucial to name both long-term and short-term legal guardians for your kids. That way, someone you trust will always have the authority to be with your children during a short-term emergency or a long-term situation. Do not assume that just because you have named godparents or have grandparents living nearby that they will automatically have the authority to care for your children if you can’t. The only way to ensure that your children are cared for by the people you would want is to name guardians in a legal document. Otherwise, you risk creating needless conflict between family members and a potentially long, expensive court process for your loved ones. Planning for a Lifetime of Happiness If you’re newly married or are planning to be married soon, I wish you true happiness in your marriage and your new life ahead, and I truly want to help you protect the dream and future you are building with your new spouse. With the excitement of your wedding coming to an end, now is the best time to create an estate plan for your new family, and it may even be the most crucial time to create a plan for them.  We often think that incapacity and death simply don’t happen to newly married couples, but unfortunately, no one can predict the future. If an illness or tragedy does strike you or your new spouse, the ramifications of not having an estate plan in place can be even worse than for a couple who has been married for a long time. No matter the stage of your relationship or marriage, I can help make sure your spouse and family are protected and cared for now and for years to come. Through our Life & Legacy Planning Session process, I’ll guide you on the estate planning questions and decisions that are essential for your family’s well-being and that feel comfortable to you. To learn more about how I can help protect your family’s future, schedule a free 15-minute discovery call today.  P.S. Don't miss our upcoming webinar!

Wedding season is winding down, and if you are a newlywed or are planning to tie the knot soon, it’s time to make your first legal move as a married couple – creating an estate plan. With all the joy and happiness a new marriage brings, planning for your potential incapacity and future death may feel out of place, but creating your estate plan as part of your post-nuptial to-do list is the greatest gift you can give your new spouse. A lot changes once your marriage is official, but how you and your spouse want your finances to be managed or how you would want medical decisions to be made for each other are not automatically documented when you say “I do.” If you become incapacitated for any reason before your estate plan is complete, your spouse would not have the legal authority to make medical decisions for you even though you’re married. Your loved one would also have no access to your bank accounts, and in the event of your death, could even be put into a position of losing the home and possessions that you owned together. Instead, your choices for yourself, each other, and your life together need to be properly documented to ensure your wishes are respected and honored no matter what the future holds. Here are 6 essential estate planning tools you need to put in place right now. 01 | Updated Beneficiary Designations One of the easiest estate planning tasks that newlyweds often overlook is updating their beneficiary designations. Some of your most valuable assets, such as life insurance policies, 401(k)s, and IRAs, do not transfer via a will or trust. Instead, they have beneficiary designations that allow you to name the person (or persons) you’d like to inherit the asset upon your death. While every couple should consider creating and using a Trust to transfer retirement (only with the guidance of a lawyer, as this can be complex) or life insurance distributions, you shouldn’t wait until your Trust is created or your estate plan is complete to update your beneficiary designations. Until your estate plan is finished, if you would want your spouse to receive your retirement account benefits or life insurance at your death, you need to proactively name your spouse as your primary beneficiary, and then name at least one contingent, or alternate, beneficiary in case your spouse dies with or before you. If you have minor children at home, remember to never name a minor child as a beneficiary of your life insurance or retirement accounts, even as a contingent beneficiary. If a minor is listed as the beneficiary, the assets would be distributed to a court-appointed guardian, who will be in charge of managing the funds until the child reaches the age of eighteen, at which point the funds would be distributed to them outright, to do with what they want. Instead, you can set up a Trust and name the Trust to receive your life insurance or retirement account benefits. If you have children or you plan to have children in the future, you should set up a Trust to receive those assets instead so they can be properly managed for your child’s well-being while keeping the funds safe from any future overspending, debt, or legal trouble your child may have. Creating a Trust to hold and distribute assets to your children is even more important if your marriage creates a blended family, as it will ensure your children inherit from you in the way you want and avoid conflict between step-siblings. If you aren’t sure how to update your beneficiary designations in the best way, contact my office today for a Family Wealth Planning Session. During the Session, I’ll look at exactly what you own and guide you on exactly how your beneficiary designations should be filled out now and after your other estate planning tools like a Will or Trust are created. 02 | A Durable Financial Power of Attorney Estate planning is not just about planning for what happens when you die. It’s equally about planning for your life and the unexpected events life throws your way like a serious illness or accident that may leave you incapacitated. If you become incapacitated and have not added your spouse as an owner on your bank accounts or legally granted them permission to manage your financial and legal interests, they may have to petition the court to be appointed as your guardian or conservator to handle these affairs for you. This is surprising to many newlyweds and long-time married couples who assume their spouse has automatic access to all of their assets at any time. Sadly, this isn’t the case, and without giving written permission to your spouse through a Durable Financial Power of Attorney, that authority could be given to someone else by the court, even a stranger or a family member you would never want to have control over your financial life. A Durable Financial Power of Attorney would grant your spouse the immediate authority to manage your financial, legal, and business affairs in the event of your incapacity, and give them a broad range of powers to handle things like paying your bills and taxes, collecting government benefits for your care, selling your home or car, and managing your banking and investing. 03 | A Power of Attorney for Health Care and Living Will Where a Durable Financial Power of Attorney gives your spouse the authority to manage your financial and legal matters, a Power of Attorney for Health Care lets them make medical decisions for you if you can’t communicate them for yourself. For example, a Power of Attorney for Health Care would let your spouse make decisions about your medical treatment if you are in a serious car accident or hospitalized with a debilitating illness. If you don’t name your spouse as your Power of Attorney for Health Care and you do become incapacitated, your spouse would have to petition the court to become your legal guardian before they can make any major medical decisions on your behalf. Even though your spouse is generally the court’s first choice for your legal guardian, relatives may also petition the court to be appointed as your guardian, which can create severe conflict and financial strain in your family. Creating a Power of Attorney for Health Care that names your spouse as your decision-maker far in advance will spare your spouse the time, money, and stress involved with a court guardianship process. In addition to a Power of Attorney for Health Care, you should also create a Living Will . A Living Will explains to medical providers and to your decision-maker how you would want your medical care handled, particularly at the end of life. Because a Power of Attorney for Health Care and a Living Will go hand-in-hand, they are often combined into a single document. In your Living Will, you can explain your wishes for life support, whether you would want hydration and nutrition supplied intravenously, and even what kind of food you want and who can visit you in the hospital. It is always a relief to your spouse to have instructions and wishes written out by you in advance that they can lean on, rather than having the added stress and trauma of trying to guess what your wishes would be in these situations. Through Sickness and Health, We Can Help Between moving in together, establishing a new routine, and combining your finances, estate planning can seem like a low priority for newlyweds. But in reality, estate planning shortly after getting married is one of the smartest decisions you can make for your marriage. Creating your plan shortly after your wedding is also the most convenient time to plan since you will inevitably be going to the bank and contacting your financial institutions to update your new marital status. To make sure your new spouse has immediate access to your assets and that you can always care for them in the way they would want, give me a call. It would be my honor to help you and your spouse plan for your new life and your future through my unique, heart-centered process. If talking about finances and death shortly after your wedding feels heavy, don’t worry. I’ll guide the discussion in a way that feels casual, natural, and helps facilitate open communication between you and your new spouse. Click here to schedule an initial consult or e-mail lauren@kaplanestatelaw.com. Don’t forget to check back next week for part two of this series!

You’ve built a life with someone you love - sharing a home, experiences, and maybe even finances - but without legal marriage, the law doesn’t automatically recognize your relationship. That means if something happens to you, your partner could be left without legal rights to your property, finances, or even decisions about your medical care. In this article, you’ll learn why unmarried couples face greater legal risks, what key planning steps you can take to protect each other, and how my Life & Legacy Planning process ensures your wishes are honored, no matter what life brings. Why the Law Doesn’t Protect Unmarried Partners When married couples face illness or death, state law provides automatic rights and protections. But for unmarried partners, those rights don’t exist unless you’ve put them in writing. Without an estate plan: Your partner can’t access your bank accounts or manage bills if you’re incapacitated. They might be excluded from medical decisions, even if they know your wishes best. Your property could go to biological family members, not your partner, regardless of how long you’ve been together. For example, if you own your home in your name alone and you die without a plan, your partner could lose their home overnight - even if they’ve lived there for years or helped pay the mortgage. And while some states recognize “common law marriage,” those laws vary dramatically and apply only under very specific circumstances. Many couples assume they’re covered because they’ve lived together for years, but unless your state legally recognizes that relationship and you’ve met every technical requirement, your partner still has no rights under the law. These outcomes aren’t just unfair, they’re avoidable. With the right plan, you can give your partner the legal authority and protection the law won’t automatically provide. Essential Legal Tools Every Unmarried Couple Needs The good news is that with thoughtful planning, you can ensure your relationship is legally recognized in the ways that matter most. Here are tools I use in my Life & Legacy Planning process to protect unmarried couples: 1. Health Care Documents Without legal authorization, hospitals must turn to your next of kin, not your loved one, for decisions if you’re incapacitated. A Health Care Power of Attorney gives your partner the right to make medical decisions for you. Pair it with a Living Will or Advance Directive that outlines your wishes for end-of-life care, so your partner can advocate for you confidently. You can also include a HIPAA Authorization, which allows medical professionals to share information with your partner. Without this, privacy laws may prevent them from even knowing what’s happening. 2. Financial Power of Attorney This document gives your partner legal authority to handle financial matters if you’re unable to. Without it, someone will have to go to court to gain control, delaying urgent decisions like paying your mortgage or medical bills, keeping your life running smoothly during a crisis. 3. A Will or Trust A Will determines what happens to your assets after you die, and a Trust determines what happens after you die and if you are incapacitated. Without a Will or Trust state law dictates who inherits, and unmarried partners are not recognized heirs. Moreover, if you only have a Will, your loved ones will have to go through probate. Probate is a court process that can take months or years, often becoming expensive and emotionally draining - especially for someone who isn’t legally recognized as family. It’s also a public process. Anyone can view the court records to see what assets you had, the value of your assets, who your loved ones are and where they live, as well as other personal information you may not want available for public consumption. A Trust, on the other hand, avoids probate. Trusts can ensure your partner receives the home, joint property, or financial accounts you want them to have, without the delays and public nature of probate court. It also gives you flexibility to provide for other loved ones, like children, parents, or friends, while protecting your partner’s right to remain in the home or access shared funds.  4. Property and Beneficiary Designations Even the best plan fails if your assets aren’t titled properly, and beneficiary designations don’t match your intentions. If this happens, your assets may bypass your partner entirely. 5. A Written Cohabitation Agreement While not traditionally thought of as part of “estate planning,” a cohabitation agreement can be invaluable for unmarried couples. This document outlines how you’ll handle shared property, expenses, and financial contributions both during your relationship and if it ends. It can help prevent disputes and make sure each partner’s contributions are respected and accounted for. Don’t Forget Emotional and Practical Planning Estate planning for unmarried couples isn’t just about protecting assets; it’s about protecting the person you’ve chosen as family. You have the power to decide if your partner will deal with chaos, conflict, uncertainty and unnecessary expenses after you die, or if your partner will know exactly what to do, when, and how, with the right support to make it as easy as possible. The difference depends on whether you’ve planned for the emotional and practical aspects of death, in addition to the legal tools. When you work with our office at Kaplan Estate Law LLC, I’ll help you not only get the right legal tools in place, but we’ll also cover the emotional and practical aspects of planning, such as: Creating a comprehensive asset inventory and keeping it updated over time.  Without a complete inventory, even the best legal document ever written can fail if your partner can’t locate everything you own.  Recording a Life & Legacy Interview  so you can pass on your stories, values, and love. Your partner will cherish this forever and have guidance directly from you if they’re ever forced to navigate difficult decisions in your absence. Creating open communication among your loved ones. I will support you to have difficult conversations with everyone you love about your wishes for medical care, funeral plans, and what you’d want done with your home and possessions. These conversations relieve your partner from the burden of guessing and ensure they can act with confidence when the time comes, rather than fighting your family in court. Take the Next Step to Protect the Life You’ve Built If you and your partner aren’t legally married, estate planning isn’t just important - it’s essential. Without it, the person you love most could lose everything you’ve worked for together. But with the right guidance, you can make sure your wishes are honored, your partner is cared for, and your love story is legally protected. When you work with me, I’ll help you: Clarify what would happen if either of you became incapacitated or died today. Create a clear plan that gives each of you legal authority and protection. Build an updated inventory of assets so nothing gets overlooked. Schedule ongoing reviews, so your plan evolves as your life and relationship change. Most importantly, your partner will know exactly what to do and who to call when something happens—because I’ll be there to guide them. Schedule your 15-minute initial consult today and find out how I can help you protect your partner, your home, and the life you’ve built together.

October 20–26, 2025, is Estate Planning Awareness Week - a national observance created to encourage Americans to think about what will happen to their loved ones and their assets after they die. For many people, the term estate planning brings to mind stacks of legal documents, a will, a trust, a healthcare directive, or powers of attorney. But estate planning isn’t just about creating documents. It’s about making sure the people you love are protected and supported when they need it most. It's ultimately about love, protection, and peace of mind.  Yet despite that truth, most people are unprepared. A survey from 2024  showed that only 32% of Americans have a will, a 6% decline from the previous year. That means most families are at risk of court involvement, conflict, and unnecessary costs at the very moment they are grieving. In this article, you’ll learn why estate planning is one of the most important steps you can take for everyone you love. You’ll discover what happens when families don’t plan, how to create a plan that works, and why now is the perfect time to put your plan in place. What Most People Miss: Estate Planning Is About People, Not Paperwork The most common misconception we hear is that drafting a set of documents and signing them is how to create an estate plan. This misconception exists because it’s the traditional way estate planning has been done, and most people don’t know how insufficient documents alone are until they’re left dealing with a big legal and financial mess after a loved one has died. But you can avoid leaving a mess for those you love if you create a well-designed plan that goes beyond the paperwork. A well-designed, complete plan makes life easier for all the people you love. It ensures they have the clarity, authority, and support they’ll need when something happens to you. Imagine your loved ones trying to manage your affairs without knowing where your accounts are, how your bills get paid, or who should make medical decisions for you if you can’t speak for yourself. Without clarity and support, they could face months of confusion, stress, and court involvement. But with a proper plan in place, they’ll know exactly what to do and whom to turn to so they can focus on what really matters: caring for each other. A well-designed estate plan doesn’t just pass on your assets. It passes on your values, your guidance, and your love. You will record the stories you want remembered, the traditions you hope will continue, and the lessons you’ve learned that you want your loved ones to carry forward. These are the true treasures your loved ones will cherish most. When you see planning this way, it becomes clear that it’s not something you do for yourself. It’s something you do for them.  As important as it is to understand what estate planning truly represents, it’s equally important to recognize the consequences of neglecting it. What Happens When You Don’t Plan Another misconception we hear is that people think they don’t have enough assets to warrant planning. This also isn’t true. Since estate planning is ultimately about people, you need a plan if you have anyone in your life whom you love. No matter the size of someone’s estate, every lawyer who helps families after a death has seen it: the heartbreak that happens when planning was ignored, outdated, or incomplete.  People who never created a plan, or have an incomplete or failed plan, create a situation where their loved ones face long delays, expense, and family strife. Assets are frozen. Bills go unpaid. Grieving children are left to guess at their parents’ wishes, and often disagree about what those wishes were. Even simple omissions can lead to lost property, family disputes, or thousands of dollars in unnecessary legal fees. And then there’s another danger: the illusion of planning. Many people think they’ve completed their estate plan because they used an online form or had a lawyer prepare documents years ago. But if those documents don’t reflect current laws, assets, or relationships, they can fail completely when they’re needed most. And when plans fail, the result isn’t just financial, it’s emotional. Loved ones who were once close may end up with irretrievably broken relationships. Precious time and energy are spent untangling confusion instead of being spent together in comfort and healing. That’s why Estate Planning Awareness Week exists - to remind us that estate planning isn’t a one-time task, but an ongoing act of care. The good news is that with the right guidance, your plan can protect your loved ones for life. How to Create a Plan That Truly Works Our Life & Legacy Planning process results in a well-designed, well-thought-out plan that works when you and your loved ones need it. It’s not documents-focused, it’s people-focused. Life & Legacy Planning is a comprehensive process designed to protect both your loved ones’ future and their peace of mind. When you work with us, your plan begins with a Life & Legacy Planning Session, a working meeting that helps you understand exactly what would happen to your family and each of your particular assets if something happened to you now. During your session, you’ll gain clarity about your current situation and make informed choices about what’s truly best for the people you love. We’ll review your goals, relationships, assets, and values, then create a plan that ensures everything and everyone you care about will be protected exactly the way you intend. Importantly, a Life & Legacy Plan is a living system, not a static set of papers. It includes an up-to-date inventory of your assets, clear instructions for your loved ones, and a built-in process for regular reviews as your life, the law, and your assets change. It’s a relationship-based approach that ensures your plan stays current and that your loved ones always have us as someone to turn to for help when they need it most. By combining proactive legal planning with ongoing support, we help you avoid the very pitfalls that leave most families struggling after a loved one’s death. The result is confidence, not just that your documents are complete, but that everyone you love will be guided by someone who knows you, your wishes, and your story. When you understand how powerful real planning can be, the next step becomes clear: act before it’s too late. Your Next Step Happens Now This Estate Planning Awareness Week, take the step that too many people put off entirely, or put off until it’s too late. If you already have a plan, let’s make sure it’s up to date and truly reflects your life today. If you don’t, now is the perfect time to begin. At Kaplan Estate Law LLC, we can help you create a Life & Legacy Plan that organizes your finances, protects your loved ones, and ensures your plan works exactly as you intend. You’ll walk away knowing your loved ones will have a trusted advisor to turn to when you no longer can. Life & Legacy Planning gives you peace of mind now, and gives your loved ones peace of mind for the future. Schedule your complimentary 15-minute discovery call today to get started now.