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As summer comes to a close, and back-to-school excitement fills the air, there is one crucial task that is often overlooked: designating legal guardians for your minor children. Legal guardians are the individuals you entrust with the care of your children if, for any reason, you are unable to do so yourself. In the hustle of back-to-school shopping and end-of-season summer fun, it might seem like naming legal guardians for your kids is a low priority, but nothing could be farther from the truth. As kids return to school, they’ll spend most of their day in the care of other people - their teachers, coaches, and babysitters. That means that your children will spend most of their time with people who do not have any legal authority to take care of them for more than a brief time in the event you are in an accident or can’t be reached for any reason. And, if your kids are going off to college, you’ll no longer be able to make decisions for them or have access to their medical records in an emergency unless your adult kids create Powers of Attorney and Health Care Directives. Don’t Rely on Informal Agreements They say it takes a village to raise a child, and as parents, you usually have a network of friends or family you feel you can rely on to step in and care for your child if needed. But it's essential not to rely solely on informal arrangements with relatives or friends to care for your kids if you can’t. Whether you are unconscious in the hospital or have passed away, there’s a chance your child could be taken into protective custody by social services until you recover or until a permanent arrangement can be made. But here’s the thing, the person who ends up taking your child may not be someone your child knows or loves, but a complete stranger in the foster care system. Or, maybe even worse, that person could be someone you never want to raise your kids but who is appointed anyway by a well-meaning court system that doesn’t know what you would want or how you would want your children to be raised. In addition, if you don’t name legal guardians for your kids you risk creating conflict among family members who want to care for your children and may subject your loved ones to a lengthy and costly court process—an unnecessary burden that can easily be avoided. You know your child and your family better than anyone else, and you know who would be the best fit for raising your child if something happened to you. But unfortunately, unless you document your choice of guardian in advance, the decision of who would raise your child if you can’t is ultimately left to a judge who doesn’t know you or your family dynamics. Instead, naming short-term and long-term guardians for your kids ensures they are always cared for by people you know and trust. And, if your kids are off at college, you cannot rely on the fact that you know they’d want you to have access to their medical records and financial accounts if something happened to them. The hospital or banks need official legal documents for you to get access if needed. That’s why we provide all of our client families with young adult planning documents for kids away at college. Comprehensive Protection for Your Child To make sure your kids are always protected and cared for by people you trust, it’s essential to create a comprehensive Kids Protection Plan. Every Kids Protection Plan enables you to name short-term temporary guardians who have immediate authority to care for your children in an emergency and long-term permanent guardians who can raise your children if you are no longer able. My Kids Protection Plan also equips you with emergency ID cards that contain instructions for first responders to contact your child’s guardian if you’re in an accident so they can travel to be with your child right away. Plus, all caregivers, like babysitters and nannies, are provided with precise instructions on how to reach your short and long-term guardians, and that everyone involved in your plan has the necessary legal documents on hand to ensure a smooth process if the need for a guardian arises. In this way, not only have you legally named guardians for your kids, but you’ve created an entire safety plan to ensure they are always cared for in the way you’d want in any situation. And for your college-bound kids, it means having young adult planning documents in place like Powers of Attorney and Health Care Directives that allow you to access your kids’ accounts or make medical decisions for them if they become incapacitated by an illness or injury. A Thoughtful Approach for Your Peace of Mind At Kaplan Estate Law LLC, we are dedicated to securing the well-being of your children under all circumstances. As the back-to-school season approaches, don't overlook this essential homework for parents - naming legal guardians and creating your own Kids Protection Plan. The first step is to go through our unique planning process to choose the right plan for you, your kids and everyone you love. We begin with a Life & Legacy Planning Session. During the Session, I get to know your family on a personal level to understand your family dynamics and your assets. I’ll share the law with you, and together we’ll look at exactly what would happen to your assets and your loved ones if something happened to you right now. From there, we choose the right plan for you - at the right budget and that achieves your personal objectives - based on the specifics of your family situation. This ensures your kids and family are cared for and protected no matter what happens, so you can embrace the excitement of this new academic year with peace of mind. To learn more and get started with your own Life and Legacy Planning Session, click here schedule a complimentary discovery call or e-mail lauren@kaplanestatelaw.com.

Including a Trust as part of your estate plan is a smart decision. It allows you to avoid probate, maintain privacy, and distribute your assets to your loved ones while also providing them with a lifetime of asset protection, if you choose it for them. But, here’s the thing you might not know, and is critically important to remember: simply creating a Trust is not enough. For your Trust to work, it has to be funded properly and may need to be updated over time. Funding your Trust means transferring ownership of your assets from your own name into the name of your Trust. This can include bank accounts, investments, real estate, and other valuable possessions. By funding your trust properly, you ensure your assets are managed according to the terms of your Trust and will be distributed according to your wishes when you die or if you become incapacitated. But, if you fail to fund your Trust, it becomes nothing more than an empty vessel. Your assets will not be protected or distributed as intended, at least partially defeating the purpose of creating a Trust in the first place! While your assets can still get into your trust and be governed by your Trust after your death, that means that your family still goes to court to get your assets there, and that is a costly endeavor. To make sure your Trust works for you, avoid these funding fiascos and work with an attorney who will ensure that everything that needs to get into your Trust does. Forgetting to Update Your Account Beneficiaries Many people mistakenly believe that a Will or Trust alone is enough to dictate how their financial accounts should be distributed after they die. However, this isn’t the case. Without proper beneficiary designations on your accounts, your wishes may not be honored and your assets could end up in the wrong hands. Remember, the beneficiaries you designate on your accounts supersede any instructions in your Will or Trust, so this step is vitally important. Take a moment to review your various accounts, such as bank accounts, retirement plans, and life insurance policies. Ensure that each account has your Trust named as your designated beneficiary, unless you’ve made different plans for that specific account. When you are working with a lawyer, make sure your lawyer has a plan for each one of your beneficiary-designated assets, communicates that plan to you, and that the two of you decide who will handle updating your beneficiary designations. Then, make sure you review your beneficiary designations annually. In our office, we support our clients to do all of this with well-documented asset inventories, and a regular review process built into all of our plans. Your Attorney Didn’t Move Your Home Into Your Trust For many of us, our home is our most important and valuable asset. But if your attorney doesn’t deed your home into your Trust, your home won’t be included under the terms of your Trust if you become incapacitated or pass away. That means your home could end up going through the long and expensive probate court process in order to be managed during an illness or passed on to your loved ones after you die. If you own a $300,000 home, that means your family could lose up to $15,000 or more just to transfer your home to your trust and then distribute your home pursuant to the terms of the trust - and that’s not including any other assets that would have to go through probate. A knowledgeable estate planning attorney shouldn’t miss this step, but it happens. And if you’re using a DIY service online to create a Trust without the help of any attorney at all, it’s bound to happen! That’s why it’s so important to work with a lawyer who takes the time to make sure every asset you own is in your Trust before they say their farewells. Not Reviewing Your Plan and Accounts Every Three Years You might wonder how not reviewing your estate plan every few years could really make your plan worthless . Well, the good news is that failing to review your plan is unlikely to completely eliminate the benefits it provides you because an estate plan is made up of a number of moving parts, not just a Will or a Trust. But , failing to keep your financial assets up to date and aligned with your estate plan can result in huge issues for you and your family and can even make the Trust you invested in worth little more than the paper it’s printed on! That’s because your Trust can’t control any assets that don’t have the Trust listed as the owner or beneficiary. By reviewing your accounts every 3 years, you can help catch any accounts that don’t have your Trust listed in this way. For example, it’s very common for clients to open a new bank account and forget to open the account in the name of their Trust or add their Trust as a beneficiary. Thankfully, by comparing my clients' financial accounts to their estate plan at least every 3 years, I’m able to catch simple oversights like this that could cause their assets to be completely left out of their Trust. Make Sure All of Your Assets Are Included In Your Plan with Our Help Getting your legal documents in place is an important step, but it's equally important to know that the documents themselves are not magic solutions. Merely creating a Trust or naming beneficiaries on your accounts does not guarantee that your wishes will be carried out unless all of the pieces of your plan are coordinated to work together. If you aren’t experienced in the area of estate planning, trying to coordinate all these pieces yourself can be a recipe for disaster. That’s why I work closely with my clients to not only create documents but to create a comprehensive plan that accounts for all of your assets and how each one needs to be titled to make sure your plan works for you the way you intended. Plus, I offer my clients a free review of their plans and financial accounts every three years to ensure that their plans accurately reflect their lives and their wishes for their assets and loved ones. If you want to know more about my process for funding your Trust and making sure nothing is ever left out of your plan, click here to schedule a free 15-minute discovery call. As always, feel free to reach out to us at lauren@kaplanestatelaw.com or (312) 833-2199 if you have any questions.

Imagine this: You're in your twenties, just starting your career. You fill out a form at work, naming your live-in significant other as the beneficiary of your retirement account. You start contributing to your retirement account, and it begins to grow. Fast forward 28 years - you've long since ended that relationship, lived your life, and then died. But you never changed that beneficiary designation, and now that ex-partner is entitled to your million-dollar retirement nest egg while your family is left with nothing.  Sound far-fetched? It's not. This is precisely what happened in a high-profile lawsuit  involving Margaret Losinger and her former boyfriend, Jeffrey Rolison, and his estate and Proctor and Gamble, the Company he worked for during those 28 years. Here’s a closer look at this shocking real-life story, the lessons we can learn, and how having a trusted advisor at every stage of life can protect you from making a million-dollar mistake like this or any other mistakes that you just might be overlooking.  What Happened? In the 1980s, Jeffrey Rolison dated Margaret Sjostedt, and the two lived together. Rolison worked at a Procter & Gamble (P&G) plant, where he signed up for a profit-sharing and savings plan. In 1987, he listed Sjostedt as the sole beneficiary of his retirement account. The relationship ended two years later, and both moved on. Sjostedt eventually married, taking on the last name Losinger.  Rolison, however, never updated his beneficiary designation on his retirement plan. In 2015, Rolison passed away at age 59, single and childless, with no will and no guidance on who should inherit his assets. His retirement account, which had grown to $1.15 million, was still designated to Losinger, nee Sjostedt. Rolison’s brothers, Brian and Richard, were shocked when they learned that Losinger was the beneficiary of Rolison’s retirement account. They believed their brother wouldn't have intended for his long-ago ex-girlfriend to receive his retirement savings. The brothers filed a lawsuit against P&G and Losinger in 2017, trying to get the money directed to Rolison’s estate.  On April 29, 2024, an appeals court issued an order, ruling that Losinger was entitled to the money. After fighting for four years, Rolison’s family lost their claim, the million dollars in Rolison’s retirement account, and all the legal fees and court costs invested in the fight. Because we have no doubt you wouldn’t want this to happen to your family, read on …  Why Even “Simple Estates” Require Trusted Guidance Before we go on, I’ll clarify what estate planning is, how beneficiary accounts factor in and why you likely need the guidance of a trusted advisor, even if you think you don’t have an estate, your estate is “simple” or you don’t really need an estate plan.  What estate planning is. Many people consider estate planning something only needed by the wealthy or the elderly. As you can see from this case, that’s just not true. Rolison wasn’t wealthy when he chose to name Losinger as the beneficiary of his retirement account. And he probably wasn’t wealthy when they broke up. Nevertheless, not having an estate plan or the trusted guidance he would have needed to know what he needed, he ended up making his ex-girlfriend a wealthy woman and cost his siblings quite a lot of time and money in the process. At the most basic level, estate planning is about ensuring all of your assets pass to the people you want, in the way you want, with the right guidance and support to ensure that happens with the least effort, cost and mess possible. And, it’s about ensuring that if you become incapacitated, your wishes are known, honored and able to be followed with the least amount of cost and most amount of privacy possible.  Most importantly, estate planning is about your choices and your freedom.  So, how important is it to you that you have a say in what happens to you, your hard-earned assets, and your loved ones when the time comes? If it’s important, you need an estate plan. It’s truly as simple as that. Otherwise, the government gets to decide on your behalf. When you create an estate plan, your wishes override the government’s plan for you and your loved ones.  How Beneficiary-Designated Accounts Factor Into Your Estate Plan Beneficiary-designated accounts - like retirement accounts or life insurance - are part of your estate plan.  Beneficiary designations override the government’s plan for you, and they also override whatever you might have written in your will or trust, if you created one.  From the case I shared here, we learn that Rolison did not have a will, but it would not have made a difference even if he had. Beneficiary designations come before any will or trust, even if you made the designations years ago.  Beneficiary forms are powerful documents. They alone determine who gets your retirement accounts, life insurance policies, and bank accounts, often taking precedence over your will. If you filled out a beneficiary form years ago and haven't updated it, the person named on that form will likely receive the assets, regardless of your current wishes. So the biggest takeaway from the Rolison/Losinger story is that beneficiary accounts are an integral part of your estate plan and should be reviewed on a regular basis. This is why we include a review of all of your accounts, your beneficiary designations and an inventory of all of your assets - plus we have updating programs for ongoing review - in all of our Life & Legacy Plans. Why You Need Regular Reviews of Your Accounts and Beneficiary Designations Rolison’s case highlights the fact that it’s easy to forget about your beneficiary designations, especially if they were filled out years ago. However, the case also tells us that neglecting to update your accounts can lead to unintended consequences and legal battles for your loved ones.  In Rolison’s case, his brothers argued that P&G failed to adequately inform him about his beneficiary designation. They claimed the company provided insufficient warnings when it changed service providers and in its monthly statements. However, most companies do not remind you to review and update your beneficiary accounts. When was the last time your bank reminded you to review the beneficiary designations on your checking account (if ever)? What about your life insurance company? And if not, have you taken it upon yourself to check your beneficiary designations regularly? Your life is busy enough. Is this a priority?  If not, it should be. In its decision, the court stated that it ruled in favor of P&G and Losinger because the responsibility for keeping beneficiary information current rests on the individual.  How Accountability Makes All the Difference Your life is busy. Sometimes, just making it through the day with all your responsibilities can be a challenge, right? Probably the last thing on your mind is planning for your death and incapacity. And maybe the second-to-last thing is reviewing and updating your beneficiary accounts. You’re probably thinking you can do it later. But the truth is this: “later” could be tomorrow. We all know we will die; we just don’t know when. Death doesn’t care about your age or how busy you are. I’m not saying this to scare you. It’s a fact, and I want you to be prepared so that what happened to the Rolison family won’t happen to yours. Death doesn’t have to be scary. When you plan for it, you’ll find that you can live your life with more purpose and peace of mind, knowing you’ve done the right thing for your loved ones.  If this sounds good to you, know that having a trusted advisor who is there for you throughout your lifetime can make all the difference. I’ll be there for you as life changes so your plan reflects your current wishes. Together, we’ll make sure your family inherits your accounts, not an ex-girlfriend you dated 40 years ago.  We Do the Heavy Lifting So You Don’t Have To  When it comes to planning for your death and incapacity, we do the heavy lifting for you, freeing you to concentrate on your responsibilities to your family, your work, and yourself. As your attorney, we help you create a Life & Legacy Plan so that your loved ones stay out of court and conflict and that your plan works when you need it to. Once you’ve created your plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, your property protected, and your plan updated throughout your lifetime.  And if you’ve already created your Life & Legacy Plan with us, keep an eye out for our reminders to review and update your plan. If you know now that you need to update your plan due to a life change, don’t hesitate to call us right away. Click here to schedule a complimentary 15-minute consultation to learn more.

You've just lost someone important to you, and now you're responsible for their home. Maybe it's sitting empty while you figure out what to do next. Maybe you're planning to sell it, or perhaps other family members want to move in eventually. Whatever your plans, you're about to discover that an empty house needs almost as much attention as an occupied one—sometimes more. The challenges of managing a vacant inherited home go far beyond simply deciding whether to keep it or sell it. From the moment you take responsibility for the property, you're facing security risks, maintenance issues, insurance complications, and legal responsibilities that most people never anticipate. Let's walk through what you can expect and how to protect both the property and your family's interests. The Immediate Security Concerns You Can't Ignore The first 48 hours after someone dies can be critical for protecting their home. Unfortunately, there are people who see a death announcement or funeral notice as an opportunity. Break-ins during funeral services happen, and an obviously empty house can become a target for theft or vandalism. Your immediate priorities should include securing all entry points and changing the locks as soon as possible. You don't know who might have keys or alarm codes. That trusted neighbor who helped your relative might be completely trustworthy, but their teenage son's friends are unknown quantities. The home health aide who cared for your loved one might have made copies of keys with good intentions, but now those keys represent a security risk. Beyond changing locks, you'll want to establish some basic security measures. Make sure neighbors know who should and shouldn't be around the property. If there's a security system, update the codes and contact information. Consider having someone stay at the house during the funeral service if possible. Remove easily portable valuable items as quickly as you can. Jewelry, small electronics, cash, prescription medications, and firearms should be your first priorities. Don't forget about items that might not seem valuable to you but could be attractive to thieves, like tools, lawn equipment, or collectibles. The goal isn't to empty the entire house immediately, but to remove the items that would be easiest for someone to grab quickly and that would be hardest for you to replace. While security concerns might seem like the biggest challenge initially, they're actually just the beginning of your responsibilities as the new property owner. The Ongoing Maintenance That Never Stops Once you've secured the immediate concerns, you'll discover that houses don't pause their needs just because they're empty. In fact, vacant homes often require more maintenance attention than occupied ones because small problems can quickly become big problems when no one is around to notice them. Heating and cooling systems still need to run to prevent damage to the structure and remaining contents. In winter, you can't simply turn off the heat—frozen pipes can cause thousands of dollars in damage. In summer and humid climates, lack of air circulation can lead to mold growth that can destroy the property's value. Regular inspections become crucial when no one's living in the house day-to-day. A small roof leak that a homeowner might notice immediately can cause extensive damage in an empty house before anyone discovers it. Clogged gutters, missing shingles, or foundation issues won't announce themselves—you need to actively look for them. The property's exterior needs ongoing attention too. An un-mowed lawn, unremoved newspapers, or uncleared snow immediately signals that the house is vacant. This not only creates security risks but can also violate local ordinances and affect the property's value. You'll need to arrange for regular lawn care, snow removal, and general upkeep to maintain the property's appearance and value. Don't forget about pest control. Vacant homes can quickly become attractive to rodents and insects, especially if there's food left in pantries or if entry points aren't properly sealed. What starts as a small mouse problem can become a major infestation that damages the property and creates health hazards. Beyond the day-to-day maintenance challenges, there's another critical issue that many families discover too late: their insurance coverage may not be what they think it is. The Insurance Complications That Could Cost You  Here's something that catches many families off guard: your loved one's homeowner's insurance might not cover damages that occur after the house becomes vacant. Insurance companies consider vacant properties to be higher risk, and many standard homeowners policies have clauses that limit or exclude coverage for properties that have been unoccupied for more than 30 days. You need to contact the insurance company immediately to report the change in occupancy status. Some insurers will provide continued coverage for vacant properties, but usually at higher premiums and with more limited coverage. Others might cancel the policy entirely, requiring you to find specialized vacant property insurance. The stakes here are enormous. If the house burns down or suffers major damage and the insurance company determines it was vacant without proper coverage, you could be personally liable for the full loss. This could easily amount to hundreds of thousands of dollars. Even if you're planning to sell the property quickly, don't assume you can skip this step. Estate sales often take longer than expected, and even a few months of improper coverage could result in devastating financial consequences. The key is to be proactive and honest with the insurance company about the property's status. Work with them to understand your options and ensure continuous appropriate coverage throughout the time you're responsible for the property. While these challenges might seem overwhelming, there's a way to prevent most of them from becoming problems in the first place. How Life & Legacy Planning Prevents These Problems All of these challenges become much more manageable if your loved one had a proper Life & Legacy Plan in place. Unlike traditional estate planning that focuses primarily on legal documents, Life & Legacy Planning anticipates the practical realities your loved ones will face and provides systems to handle them smoothly. When you work with me to create your Life & Legacy Plan, we will include a complete asset inventory that documents everything your family needs to know about the property, including the deed, insurance policy and other documentation relevant to the home. This inventory prevents your family from having to search through boxes and files while they're grieving, trying to piece together basic information about what you own. Life & Legacy Planning may also include strategies to ensure funds are immediately available to cover property expenses. This is crucial because, without proper planning, your family might have to pay out of pocket for maintenance, repairs, insurance, and utilities for months or even years if you need to administer the estate through probate.. Imagine having to cover a major roof repair or heating system replacement from your own savings because the estate's funds are tied up in court. Many people aren’t in the position to be able to do this while keeping up with their own expenses. Perhaps most importantly, when you work with me to create your Life & Legacy Plan, your family will have me as their trusted advisor when these challenges arise. They won't have to search for help while they're dealing with grief and trying to figure out what to do with your house. Instead, they'll have someone who can guide them through each decision with confidence.  Taking Action to Protect Your Family If you want to make sure your loved ones know exactly what to do with your house after you die - and they have the support they need for every step - the time to act is now. At Kaplan Estate Law, I help you create a Life & Legacy Plan that works so your loved ones aren’t burdened with the stress of trying to figure out what to do. You’ll start with a Life & Legacy Planning  Session, where you’ll get more financially organized than ever before, and learn what will happen to your home, your loved ones, and all your assets if you become incapacitated or when you die. Armed with this knowledge, you and I will create a plan together that fits your unique needs, wishes, and values at a price that works for you. When you work with me, I make it easy for you to give your loved ones the greatest gift - the peace of mind that comes from knowing you’ve taken care of all the details, so they don’t have to. Click here to schedule a complimentary 15-minute discovery call and learn how I can help you create a plan that truly protects the people you love. Want to learn more about protecting your loved ones? Register for our free webinar coming up on July 31st or watch one of our webinars on demand.

When you think of estate planning, a Will is usually the first thing that comes to mind. In fact, most people who contact me tell me they don’t need anything complicated for their estate- just a Will. Indeed, Wills have a reputation as the number one estate planning tool and can be seen all over TV shows and movies, from the dramatic “reading of the Will” (which rarely happens in real life) to characters plotting how best to defraud their billionaire uncle’s Will in order to inherit his lavish estate. Although Wills are a key part of your estate plan - and a big part of the movies - relying on a Will alone won’t solve your estate planning needs - no matter what Hollywood says. Instead, using just a Will to plan your final wishes is likely to leave your loved ones with an expensive mess that won’t distribute your assets in the way you intended. What’s more, a Will alone won’t ensure that you’re taken care of in the event of incapacity, and contrary to what you might think, relying on only a Will actually guarantees that your family will need to go to court when you die. If you don’t want to leave your family with a mess if something happens to you, it's important to know how a Will works and when it can be used to benefit you and your family. What Exactly Is a Will and How Does it Work? A Will is a written document that directs how the creator of the will wants their possessions disposed of after their death. The creator of the Will is called the testator or testatrix . In your Will you can name someone you trust to manage the distribution of your assets, called your personal representative or executor . You can also write out what you want to have happen to your property, what charitable gifts you want to make, and who will receive them. A Will can be a complex document or a very simple document. You can even write your Will on a napkin if you really want to! With that said, a Will isn’t a legally binding document unless it’s executed according to the laws of the state where you reside. In general, you need to sign your will in front of two witnesses, and sometimes a notary. Some states have laws that allow you to create a Will that isn’t witnessed at all so long as it is handwritten by the testator themselves. But because every state has different laws for the creation of a Will, it’s important to consult with an experienced estate planning attorney (like me) to create your Will rather than trying to write your own. A Will Requires Probate Court One of the biggest estate planning myths I hear from clients is the belief that by having a Will, their loved ones won’t need to go to court after they die. This is sadly the opposite of the truth. If you use only a Will as your main method of estate planning, you are actually guaranteeing that your loved ones will go to court after you die because a Will is required by law to go through the court system called probate before any of your assets can be distributed. In fact, a will is only effective within the probate court. Once your Will is admitted to the court after your death, your personal representative or executor will be given official authority to move your assets under the court’s supervision. This ensures your property is distributed according to your wishes and that the court can intervene if there are any disputes over who gets what. While court oversight can be helpful if there is any confusion or disagreement about your estate, the probate process is long and expensive. For very small estates the process may take about 8-10 months, but for most estates, the process can take 12 - 18 months or sometimes even more. Due to the length and complexity of the process, going through probate can easily cost your family tens of thousands of dollars. Some states even require that probate cost a certain percentage of your estate’s value. In addition, because probate is a public court proceeding, your Will becomes part of the public record upon your death, allowing everyone to see the contents of your estate, who your beneficiaries are, and what they’ll receive. Unfortunately, it’s not uncommon for scammers to use this information to try to take advantage of young or vulnerable beneficiaries who just inherited money from you. A Will Does Not Apply to All of Your Assets or All of Your Needs Although movies make it seem like you can and should leave all your property to your loved ones through your Will, a Will actually only covers certain items of your property, including any property owned solely in your name and any property that doesn’t have a beneficiary designation. A Will does not cover property co-owned by you with others listed as joint tenants or owned as marital property, meaning you can only give away your share of any property you own with others, not the entire property. Any assets that have a beneficiary designation, like retirement accounts or life insurance, are not controlled by your Will at all but will instead be paid out to the person listed as your beneficiary on each account. Because of this, it’s especially important to make sure your account beneficiaries are up to date. In addition, a Will has no power until you die, so you can’t use it to give someone you trust the power to make decisions for you if you’re incapacitated due to illness or injury. Even if you named someone in your Will to manage your estate or watch over your children, that person will have no authority to do so while you’re alive. Don’t Just Get a Will, Get an Estate Plan With all the issues that using a Will for estate planning can create, you might be wondering why a Will is even used at all. The thing is, a Will isn’t the one-and-done solution that most people are led to believe by TV shows and even some lawyers. Instead, a Will should be used as a piece of your overall estate plan, not as the entire plan itself. And ideally, your Will shouldn’t even need to be used at all. How can that be? Well, an estate plan isn’t just one or two documents - it’s a range of tools and coordinated planning that makes sure everything and everyone you love is taken care of. And by using better tools like a Trust instead of a Will as your main tool for estate planning, you can direct what happens to your property while avoiding probate court entirely and ensuring the people you trust can step in and manage your assets immediately if you become incapacitated because of an illness or injury. In addition, any assets you put in the name of your Trust are entirely private, meaning the court and the public will never know what you own or who will inherit it after you’re gone. When using a Trust-based estate plan, you’ll still have a Will, but your Will should only need to serve as a backup and safety net to make sure that any assets that are accidentally left out of your Trust at your death are added back into your Trust. And, even more important than both a Will and a Trust, is an inventory of your assets so your family knows what you have, where it is, and how to find it when you become incapacitated or die. Without an inventory of your assets, your family will be literally lost when something happens to you. A comprehensive inventory updated throughout your lifetime is a critical, and often overlooked, piece of an estate plan that is not “just a Will”. If you’re ready to see how having an estate plan for your family is different than having “just a Will,” schedule your Life and Legacy Planning Session today. During the session, we’ll review an inventory of everything you have and everyone you love, and together look at what would happen to your possessions and loved ones when something does happen. Then, I’ll help you develop a plan to make sure your loved ones are taken care of when you can’t be there and that your plan works for you, and for them, exactly as you want it - at your budget and within your desires. Most importantly, I don’t just create documents - I guide you and your family through every step of the process, now and at the time of your passing. I even help all of my clients pass on something more valuable than their money - their values, stories, and wisdom - through a Family Legacy Interview. To get clear on what you really do need for yourself and the people you love, click this link to schedule a complimentary Initial Consult. Or, feel free to e-mail us with questions at lauren@kaplanestatelaw.com . P.S. Don't forget to sign up for our upcoming webinar "Adulting 101: What Every New Parent Needs to Know About Estate Planning" on July 31 at 12:30 p.m.

The massive tax legislation known as the "One Big Beautiful Bill"  (“OBBB”) became law on July 4, 2025, brings  sweeping changes that will affect nearly every American family. While much of the media attention has focused on the political drama surrounding its passage, what really matters is how these changes impact your family's financial security and estate planning needs. With nearly 900 pages of complex provisions, the new law extends many tax cuts, creates new deductions, and makes significant changes to healthcare and benefit programs. Understanding these changes isn't just about saving money on your taxes—it's about ensuring your loved ones’ long-term security and making sure your estate plan works when your loved ones need it most. The Big Changes That Affect Your Daily Life The new law brings several immediate changes that could impact your family's finances. Many of these provisions are temporary, which creates both opportunities and planning challenges that require careful attention. The new law creates several categories of benefits that could significantly impact your family's tax burden: Family Benefits: Child tax credit increases to $2,200 per child starting in 2026 New "Trump Accounts" for children born 2025-2028 with $1,000 government contribution and up to $5,000 annual family contributions for future education or home purchases Parent Plus student loan limits now capped at $65,000 per student, potentially affecting college funding strategies Worker Categories with Special Treatment: Tip earners can deduct up to $25,000 of tip income from federal taxes through 2028 Overtime workers get deductions up to $12,500 for individuals or $25,000 for married couples through 2028 Both benefits phase out at higher income levels and expire after 2028 Temporary Expense Relief: Car loan interest becomes deductible up to $10,000 annually for U.S.-made vehicles (2025-2028) State and local tax deduction increases from $10,000 to $40,000, though this benefit phases out for higher earners and expires after five years Seniors receive a new $6,000 deduction if they're 65 or older and meet income requirements, but this benefit only lasts through 2028. These temporary provisions create a complex web of expiring benefits that families must navigate carefully. Healthcare and Benefits: What's Changing Beyond tax changes, the new law significantly alters healthcare coverage and benefit programs in ways that could affect millions of families. These changes particularly impact older Americans and those who rely on government assistance programs. Several major program changes will affect how families access healthcare and benefits: Medicaid Changes (Starting Late 2026): Recipients ages 19-64 must work, volunteer, or attend school for 80+ hours monthly to maintain coverage Exceptions exist for caregivers of children under 14, but new administrative requirements could cause eligible people to lose coverage due to paperwork complications States may face budget pressures that could lead to further restrictions Food Assistance Program Changes: SNAP work requirements now apply to people up to age 64 (previously age 55) States must contribute 5-15% of SNAP benefit costs starting October 2027, potentially leading some states to restrict eligibility or withdraw from programs entirely Health Insurance Marketplace Changes: Enhanced tax credits for ACA coverage will expire, potentially increasing premium costs by an average of 75% New documentation requirements could make it harder for people to maintain coverage These changes create new vulnerabilities for families who might face unexpected job loss, health issues, or caregiving responsibilities. Your estate plan should account for these potential gaps in coverage and ensure your family has resources available during difficult transitions. Estate Planning in the New Reality The most significant estate planning change in the new law is the permanent increase of the federal estate tax exemption to $15 million per person, or $30 million for married couples. This means only about 350,000 American families—roughly one in every 400 households—will face federal estate taxes. However, this change doesn't make estate planning less important. In fact, the complexity and temporary nature of many provisions in the new law make comprehensive Life & Legacy Planning more crucial than ever. The law's many temporary provisions create planning challenges that traditional estate planning simply can't address. When tax benefits expire in 2028, families may face sudden changes in their financial situations. Without proper planning, these transitions could create unnecessary stress and financial hardship for your loved ones. Moreover, the law's focus on specific categories of workers and temporary benefits creates artificial incentives that may not reflect your family's long-term needs. A comprehensive Life & Legacy Plan helps you navigate these complexities while ensuring your fundamental goals—protecting your family and preserving your legacy—remain the priority. The new law also demonstrates how quickly and dramatically tax and benefit policies can change. What seems permanent today may be modified or eliminated tomorrow based on political and economic pressures. This reality makes it essential to have a plan that can adapt to changing circumstances while maintaining core protections for your family. Building Security in an Uncertain Environment Real protection for your family goes far beyond having a set of documents in place. Your loved ones need a comprehensive plan that considers both the legal aspects of transferring assets and the practical realities of daily life after you're gone. The complexity introduced by the new law makes this even more important. At Kaplan Estate Law, we use a process called Life & Legacy Planning. Life & Legacy Planning is so much more than creating documents. It's estate planning done the right way so that it will work for the people you love most when they need it to. Once you create a Life & Legacy Plan with me, your loved ones will know where to find important documents, how to access accounts, and what steps to take first. They will have clear instructions about everything from paying bills to handling your business interests. Your Next Steps The One Big Beautiful Bill creates both opportunities and challenges for American families. While some provisions offer immediate tax savings, the temporary nature of many benefits and the broader changes to healthcare and benefit programs require careful planning to protect your loved ones’ long-term security. At Kaplan Estate Law, I help you create a Life & Legacy Plan that works regardless of changing political winds or economic conditions. My process starts with a Life & Legacy Planning Session, where we'll discuss how these new laws affect your specific situation and what steps you can take to protect your family's future. Don't let the complexity of the new law overwhelm you or prevent you from taking action. The families who thrive through periods of change are those who plan ahead and work with a trusted advisor who understands both the opportunities and the risks, and is there to provide personal guidance and support for you and your loved ones. Click here to schedule a complimentary 15-minute discovery call to learn more and get started.

As we celebrated the Fourth of July, we honored the bold vision of people who refused to accept the status quo and instead created a framework for lasting freedom. The Declaration of Independence wasn't just a document—it was a comprehensive plan that established principles, assigned responsibilities, and created structures to protect future generations. Just as our founders understood that true freedom requires intentional planning and sacrifice, creating a Life & Legacy Plan ensures your loved ones won't be bound by confusion, court battles, or government decisions when you're no longer here to guide them. Let's explore how the principles that built America can help you build lasting security for the people you love most. Freedom From Government Control Over Your Family's Future Our founders fought for the right to self-governance, rejecting the idea that distant authorities should make decisions about their lives and families. Today, you face a similar choice. Without an estate plan, you're essentially allowing the government to make crucial decisions about your family's future through default state laws and probate courts.  Here are just a few things that could happen: A judge who has never met you or your children will decide who raises them.  This means they could end up with people you’d never want to raise them - people who don’t share your values or wouldn’t honor your wishes.  State laws determine how your assets are divided.  The law was written for everyone, and so is inherently a one-size-fits-all solution. The law doesn’t take into account your wishes or your loved ones’ unique needs. It also means that someone you’d never want to inherit from you may, and your assets may not go to the people you want in the way you want. Your loved ones won’t have access to funds when they need them.  Your loved ones may wait months or years for access to resources you intended them to have immediately. This means your bills won’t be paid, your children may lose access to funds for ongoing care, or your spouse may not be able to maintain their lifestyle. If you die with a mortgage and no one is able to make the monthly payments, any equity you have may be lost to foreclosure, instead of going to the people you love most.  It’s also common for assets to get lost and end up with the state’s department of unclaimed property, because you haven’t created an inventory of your assets, including how to access them after your death - and kept the inventory with your plan and updated it over time.  The public can access your personal information.  Without an estate plan, your loved ones must go through a court process, which is public. They will need to submit information about your assets and your family.                                                                                           The power to choose belongs to you. In what’s perhaps a rare circumstance, when it comes to your legal planning, your choices override the law.  However, not every estate plan will accomplish what you want. Many plans fail because they don’t take into account your unique family dynamics and your specific assets. They also often fail because no one is there to make sure your plan is updated over time, as your assets and life circumstances change. Just as the Constitution is often called a “living, breathing document,” designed for longevity and amended over time, your plan should work the same way. This is exactly what Life & Legacy Planning is all about. Creating a Plan for Your Loved Ones Life & Legacy Planning goes beyond basic documents to create robust systems that work immediately when your loved ones need them. This includes detailed instructions for your loved ones, asset inventories that prevent anything from being lost, and an ongoing relationship with me, so I can guide them through difficult transitions. Your Life & Legacy Plan also protects future generations by including provisions for how inherited assets should be managed. Instead of leaving your children vulnerable to poor financial decisions at age 18, you can structure their inheritance to support their education, encourage responsible money management, and provide security throughout their lives. Building Lasting Institutions That Protect Your Legacy Unlike traditional estate planning that focuses primarily on creating a set of documents, Life & Legacy Planning is about having an ongoing relationship with a trusted advisor who works with you over time to ensure your plan works. When you work with me to create your Life & Legacy Plan, I’ll also support you to: Make sure your children are never taken into the care of strangers and will be raised by the people you want with your guidance. Pass on your assets to the people you want in the way you want. This may include a structured inheritance for your children, so they don’t receive assets at age 18, when they’re more likely to make poor financial decisions. Create an asset inventory that is updated over time so that no assets get lost and end up in the department of unclaimed property. Create a Life & Legacy recording, where you share the stories, traditions, wisdom, and values that matter most to you. These are the things that mean more to your loved ones than money. And it’s the best way to pass on your love and legacy.   Review and update your plan as your life and assets change. I have systems in place so you never have to remember to update your plan. I’ll do that for you. Take Action Now As your attorney, I help you create a comprehensive Life & Legacy Plan that ensures your loved ones inherit your legacy. We'll begin your planning process with a Life & Legacy Planning Session, where you’ll gain clarity on what would happen to your assets and loved ones if you don't have a plan or have an outdated one. From there, you’ll make educated and empowered decisions to create a plan that works the way you want and reflects your values, protects your assets, and provides clear guidance for the people you love most. Get started today by clicking here to book a complimentary 15-minute consultation with my office.

If you have minor children and have not yet selected a guardian, you are not unlike many parents who put off this critically important task while waiting for the perfect solution to present itself. Or perhaps you and your spouse/partner cannot agree on who would be the ideal guardian for your kids. Here is your solution: Done is better than perfect. Especially here. If you do nothing, the decision about who would raise your children (if something were to happen to you) would be left up to a judge to decide. A judge who doesn’t know you, doesn’t know what’s important to you, and doesn’t know your children will make all the decisions about who cares for the people who are most important to you in the world. I know that’s not what you want. And, truth is … there may never be a perfect solution for you, but there is definitely a solution that is better than your children being raised by someone you didn’t choose. Responsible parents protect their children, and that means you must think about the unthinkable. Fortunately, there is a sensible approach to the selection of a guardian for your children that makes it a lot easier. First, sit down with your spouse or significant other and draw up a list of all potential people you would be willing to have raise your children. Don’t judge anyone on the list or even consider whether they would be willing. Just make as long a list as you can of all the people you know who you know, like and trust that your children know, like and trust. It can be helpful if each of you and your parenting partner make these lists separately and then compare notes later. Then, put your list(s) aside. Now, make a list of your most important values when it comes to raising your children. Things like, prior relationship with your children, education level, discipline philosophy or parenting style. Under no circumstances would you want to consider the financial resources of the people you are considering because it’s up to you to provide enough financial resources for your children and the people you’ve named as their guardians. Finally, rank your values and compare those values to your list of potential guardians and put each of those people (or couples) in order first, second and third. ONCE YOU HAVE YOUR LIST, CHECK IT AGAINST THESE PRACTICAL CONSIDERATIONS: Does your child know them? Ideally, your guardian selection will be someone your child already knows and trusts. Do they live close by? It is probably not ideal to uproot your children from their local community if you can help it. Do they share your values? You will want to choose someone who can raise your children with the same values and beliefs that you would. How old are they? Choosing an elderly person as guardian could mean that your children could lose them too at a tender age. Do they already have a family? If your choice as guardian already has children of their own, would your children blend in well with their family? Are they willing to take on the responsibility? Hopefully the person(s) you choose as guardian would welcome the responsibility, but not everyone does. Be sure you have a candid conversation with them before you name them as guardian. Finally, document your choices, legally and clearly. We have a proven process for creating a comprehensive Kids Protection Plan for your children that covers not just the long-term care of your children, but the immediate term as well. Gives instructions to your guardians and caregivers. And puts an ID card in your wallet so your children would never be left in the care of strangers. Keep in mind that your choice for guardian today could change, and you will likely want to update your guardianship designation as your life and circumstances dictate. If you have questions about naming guardians for your child(ren), contact attorney Lauren Kaplan at lauren@kaplanestatelaw.com. If you're ready to get started, click here to schedule an Initial Consult.

If you’re a parent, you've always strived to provide the best for your family, ensuring their well-being and securing their future. However, even the most well-intentioned plans can falter if you overlook the complexities of estate planning. Let's explore some common pitfalls that parents often encounter, then offer practical strategies to navigate them successfully.  Heads up before we dive in; I’ll provide some stories below that illustrate what happens when a family hasn’t created an estate plan or hasn’t updated it over time. The names of the people below are made up, but the scenarios I’ll describe are common.  Pitfall No. 1: Procrastination  As a parent, the weight of responsibility for your family's well-being often rests heavily on your shoulders. However, even the most well-intentioned plans can fail if you overlook the complexities of estate planning. One of the most significant pitfalls is procrastination, or postponing the process under the assumption that you have ample time or that your assets are currently too modest to warrant formal planning. But the truth is that estate planning is crucial for individuals of all ages and asset levels! Unexpected events can occur at any time, leaving your loved ones in a bad situation if you haven't properly documented your wishes. Take for example, John, a 45-year-old father of three, who put off creating a will, thinking he had decades ahead of him. You can’t really blame him, can you? Many of us are in the same boat. However, he passed away tragically and unexpectedly, leaving his family to deal with his affairs in the court process called probate. The probate process was lengthy, and his assets were frozen and unavailable for his kids until the court process played out. In addition, probate drained his assets, so there wasn’t as much to leave his kids in the end.  I doubt this is what John would have wanted. So parents, to avoid the procrastination trap, it's essential to approach estate planning with a sense of urgency. Start the process as soon as possible, and review your plan regularly to ensure it remains aligned with your evolving circumstances and family dynamics (keep reading for more information on how I can help!). Pitfall No. 2: Failing to Update Your Plan Over Time This brings us to another pitfall: failing to update your plan after significant life events, such as marriages, divorces, births, or deaths. Life is inherently dynamic, and your estate plan should reflect those changes. Your plan should reflect your life as closely as possible, otherwise it could become ineffective or even invalid. And if that happens, you end up like John, even if you already have an estate plan.  Updating your estate plan over time is crucial. So make a habit of reviewing your plan at least every three years, preferably annually, or whenever a major life event occurs. When you work with me, I will help you ensure your plan accurately reflects your current wishes and aligns with any changes in state or federal laws.  Pitfall No. 3: Not Communicating With Loved Ones Contrary to common belief, estate planning is not solely about legal documents, such as a Will, Trust or Power of Attorney. Documents are merely the byproduct of good estate planning. The real power of estate planning is in having open and honest communication with your loved ones. However, many fathers (and mothers) make the mistake of keeping their estate plans a closely guarded secret, leaving their families in the dark about their intentions and wishes. This lack of transparency can breed misunderstandings, conflicts, and resentments that can undermine the effectiveness of your plan and strain family relationships. Let’s look at David’s story for a greater understanding. David, a successful business owner and loving father, always assumed his oldest son would take over the family business after his passing. So David’s estate plan included a provision wherein his oldest son inherited the business. When David died, however, his son revealed that he had different career aspirations and didn’t want to run the business. This led to family conflict - because David didn’t have a “Plan B” in his estate plan.  As a result, the family had to go to probate court, spending lots of time, energy, attention, and money, to get the business transferred to the one family member who wanted to run the business. Had David discussed his wishes openly, the family could have addressed their concerns together and arrived at a mutually agreeable solution that would have saved them the unnecessary hassle of probate court. So what can you learn from David’s story? Share your wishes with your family members, explain your reasoning, and address any concerns they may have. This open dialogue can foster a deeper understanding and strengthen the bond between you and your loved ones. It also allows your loved ones to provide valuable insights and perspectives that can help refine and improve your plan. What a loving gift to give your family! Pitfall No. 4: Not Working With a Professional  The last pitfall I’ll address is going at it alone, or doing your plan cheaply online. As I pointed out above, estate planning is not just about creating a few documents and putting them away on a shelf until something happens. There’s much more to it.  Instead, work closely with an estate planning firm like ours, who can help you craft a plan that fits your unique family dynamics, wishes and assets, as well as keep in touch over time to ensure your plan is updated and works when you need it to. At Kaplan Estate Law, we support you with all this and more, including helping you structure your plan in a tax-efficient manner, minimizing the impact of taxes on your assets and ensuring your loved ones receive the maximum benefit from your estate.  I also help you address any unique circumstances within your family, such as a family business, a child with special needs or a family member with addiction issues, ensuring that your plan is tailored to meet the specific needs of your loved ones.  So dads, after reading this, I hope it’s clear that estate planning is a profound expression of your love and responsibility as a father. By taking action now, you can navigate the pitfalls and create a lasting legacy that transcends your lifetime. Remember, your knowledge and attention to detail today can shape the future of your loved ones for generations to come. How We Support You to Avoid These Common Pitfalls We understand that protecting your family goes far beyond just legal documentation. Our mission is to empower you to enshrine your hopes, values, and profound love for your children into a comprehensive plan that preserves your family's integrity for generations to come. We take the time to truly understand what family means to you—the struggles you overcame, the values you hold dear, the future you envision. And then we help you craft a tailored estate plan that meets your needs and stays updated over time. Book a call with our office to learn how we can support you, and by extension, your entire family. Simply click on the scheduling link here or email lauren@kaplanestatelaw.com .

Vacations are a time to relax, unwind, and create beautiful memories with your loved ones. But before you set off on your adventure, it's essential to ensure that your legal affairs are in order so you can fully relax during your travels. Can’t imagine doing one more thing before you take some much-needed time away? Don’t worry! At Kaplan Estate Law LLC, we are here to guide you through these important tasks, so you can enjoy your vacation worry-free. Plus, these steps only take a little time to complete and can provide you with peace of mind knowing that you have made proper arrangements if the unexpected happens to you or your family while you’re away. Let’s dive in! (No pool puns intended!) 1. Create Powers of Attorney Whether you’re traveling overseas or just a few hours away, it's crucial to have Powers of Attorney in place for both health care and financial matters before you leave. A Healthcare Power of Attorney designates someone you trust to make medical decisions on your behalf if you become incapacitated during your vacation. While no one plans to become incapacitated, a slip on the diving board, an injury while boating, or a parasite caught from local cuisine (eek!) can happen. Similarly, a Financial Power of Attorney empowers a trusted individual to manage your financial affairs for you. With a Financial Power of Attorney, you can give someone the authority to manage your investments or pay your bills away while you’re gone, or just have it as a safety net in case you become incapacitated or can’t be reached while traveling. By having these documents prepared ahead of time, you can ensure that no matter what hiccups you run into on your travels, your wishes for your health will be respected and your financial affairs will be handled according to your instructions, even when you're away. 2. Nominate Permanent Legal Guardians for Your Kids As a parent, naming a Permanent Guardian for your children is one of the most important decisions you can make. While it's a difficult topic to consider, designating a Permanent Legal Guardian ensures that your children will be cared for by someone you trust if the unexpected happens while you're on vacation. It’s a good idea to take a little time to choose someone who shares your values, loves your children, and is willing to take on the responsibility of raising them. However, anyone you trust to raise your kids is a better choice than leaving the decision up to a judge who doesn’t know you or your family. By documenting your chosen Guardian, you make sure your children will be cared for by someone who loves them and knows them if the unthinkable happens to you, and you can always update your choice at any time in the future as your children and their relationships change over time. 3. Designate Short-Term Guardians for Your Kids In addition to naming a Permanent Guardian, it's equally crucial to designate short-term Short-Term Legal Guardians for your children. Short-Term Guardians step in when the Permanent Guardian lives far away, or in case of a short-term, immediate emergency. You can give multiple people the authority to be your child’s Short-Term Guardian, including relatives, neighbors, or nannies. When planning a vacation, it’s a good idea to name any adults who your child will be staying with while traveling with you or staying home. For example, if your child is spending the week at their grandparents’ house, you should name their grandparents as Short-Term Guardians and give them medical Power of Attorney for your minor child. If your child is traveling with you, naming any adult travel companions as Short-Term Guardians and giving them medical Powers of Attorney is a wise choice in case a Guardian or Medical POA is needed for your child while on your trip. Discuss this arrangement with the individuals you've chosen and make sure they’re aware of their roles and responsibilities. By establishing Short-Term Guardians and Medical POAs, you can ensure that your children are well-cared for in the event of an emergency. 4. Tell the People You Trust About Your Plans Last but not least, make sure that the people you trust know about your travel plans and the preparations you’ve made, including where you’ll be staying and how to get in contact with you. Let them know about any legal documents you've put in place, and how to access them if needed. Share this information with your chosen Guardians, family members, and close friends. By keeping everyone in the loop, you can ensure that your wishes are known and your loved ones can act swiftly and effectively in case of an emergency. You should also provide your loved ones with my contact information in case they need copies of your Powers of Attorney or kid’s Guardianship documents or need them delivered digitally. Estate Planning for The Life (And Vacation) You Deserve As you pack your bags and prepare for your vacation, don't overlook the importance of handling your legal affairs. Taking the time to create Powers of Attorney, Permanent and Short-Term Legal Guardians for your children, and communicating your plans to trusted individuals can provide you with peace of mind and save your family incredible stress if there’s an emergency while you’re away. To ensure that these documents are prepared correctly and in accordance with Illinois law, I encourage you to contact our office. We start by guiding all of our clients through a unique process I call the Life & Legacy Planning Session. During the Session, I get to know you and your family on a personal level and review exactly what you own and who you love to make sure everything and everyone is protected and cared for in the best way possible when you pass away or if you become incapacitated. And if we find that things wouldn’t go the way you wanted if something happened to you, I can help you create a custom estate plan that leaves no rock unturned. Don't let the joy of vacation be overshadowed by the “what if’s.” Contact me today for a free 15-minute call to learn more or e-mail lauren@kaplanestatelaw.com .

Imagine this: You've built a business empire worth hundreds of millions of dollars, transformed a city's downtown area, and touched countless lives with your vision and generosity. Then, unexpectedly, you pass away—and nearly five years later, a will you may  have created suddenly appears. Meanwhile, your family has been battling creditors, former associates, and mounting legal fees in a probate nightmare that has cost millions and years to manage. This isn't the plot of a legal thriller—it's the real-life saga of Tony Hsieh, the former Zappos CEO who died in November 2020 at age 46. After years of his estate being managed under the assumption he died without a will, a document dated March 2015 mysteriously surfaced in February 2025. This surprising twist could completely upend the years of legal proceedings that have already occurred. The story serves as a powerful reminder of why proper estate planning, with regular reviews and updates, is critical no matter your age or wealth status. Let's explore what went wrong and how a Life & Legacy Plan could have prevented such chaos. The Perils of Traditional Estate Planning Even if the recently discovered will is deemed valid, it raises more questions than answers. According to recent news reports  the will was found among the belongings of Pir Muhammad, a man suffering from Alzheimer's disease who recently passed away. Some reviewing attorneys  have described the document as having "convoluted" language and an unusual structure, though we can't know the full circumstances of its creation. The will reportedly includes a no-contest clause directed at Hsieh's family members, meaning if any of them contest the will, they would receive nothing. It also designates charitable donations to major foundations and appoints executors that include Mr. Muhammad, whom many of Hsieh's close friends and associates claim they've never heard of. This situation highlights a critical mistake many people make: not having a comprehensive estate planning strategy that includes proper safeguards for document storage, communication with family members, regular updates, and a relationship with a trusted lawyer. While we don't know the specific circumstances of Hsieh's estate planning process, we do know that the outcome—a will surfacing years after death, held by someone unfamiliar to many close associates, and no lawyer who knew Hsieh and could speak to his wishes—created significant complications. A will can fail you and your loved ones when it: Isn’t part of a comprehensive estate plan; Doesn’t guide loved ones on what to do when something happens to you; Isn’t easily findable immediately after your death; Wasn’t part of a system for regular reviews and updates, to catch any potential problems before they arise; Isn’t part of a plan that references your assets, and is updated over time, as they change; and  Becomes outdated as life circumstances change, and so doesn’t work when you and your loved ones need to call on your plan. Have you ever thought about where your important documents are stored and who knows about them? How would your loved ones know what to do if something happened to you tomorrow? And can you be sure that your loved ones wouldn’t end up in court and conflict over something you could have easily taken care of?  The Cost of Poor Planning (or No Planning) As a result of poor planning, Hsieh's loved ones and business associates have been embroiled in legal battles for five years. The tech mogul's fortune, once estimated at over $500 million, has been subject to numerous legal claims, many based on handwritten notes or verbal agreements allegedly made during the last year of his life when reports indicate he was struggling with substance abuse and mental health issues. Without clear documentation of his wishes through proper estate planning and without a trusted legal advisor who can speak to Hsieh’s wishes, his legacy has been partially defined by courtroom disputes rather than the innovation and community-building he championed during his life. His family has had to manage complex business holdings and real estate assets without his guidance, while defending against claims from various parties. The financial burden of litigation is just one aspect of this tragedy. The emotional toll on family members, the time consumed by legal proceedings, and the uncertainty about honoring Hsieh's true intentions represent incalculable losses. And all of this might have been prevented with thorough and thoughtful estate planning. How important is it to you that the people you love be spared this kind of emotional and financial burden after you're gone? What steps have you taken, if any, to ensure your wishes will be clear and legally enforceable? Why Traditional Estate Planning Fails Traditional estate planning, i.e., documents you either draft yourself, your financial advisor drafts for you, or you pay a transactional attorney to create, often fails you and your loved ones because  the focus is on the documents themselves . Here’s what I mean. Many people think all you need to do is draft and sign a will and maybe a few other documents, like a health care directive and a power of attorney, and then you’re done. But, as we see in Hsieh’s case, that is rarely enough. The documents are a part of the estate plan, but they are not the entire estate plan. An effective estate plan, a Life & Legacy Plan, encompasses so much more information than is reflected in a will, health care directive, or power of attorney document.  A Life & Legacy Plan works by covering what happens to your assets after you die, but also things like: Instructions on where to find your plan documents; Guidance on how your plan works and how the documents fit together;  Instructions for the people you’ve named in your documents so they know what to do after you die; An updated inventory of all your assets so your loved ones know exactly where to find them and how to access them;  A system for ongoing and regular reviews of your plan;  Who your loved ones can turn to for support with the legal process while they’re grieving; and An ongoing relationship with your lawyer, who has systems and processes built into their business to get to know you over time.  These items aren’t typically covered in a will, trust, power of attorney, or health care directive, and that’s why traditional estate plans fail. Even the rich, like Hsieh, aren’t immune.   Why Life & Legacy Planning Works Our Life & Legacy Planning process helps you create an estate plan that won’t fail you and your loved ones. The Life & Legacy Planning process was designed to ensure that your loved ones don’t go through even a tiny fraction of what the Hsieh family is dealing with now. Here’s what it includes.   A Comprehensive Asset Inventory With Regular Updates I help you create and maintain a complete inventory of your assets—not just your financial holdings but your business interests, real estate, cryptocurrency, personal property, and even your intangible assets, like your values, insights, stories and experience, or content you’ve created. This inventory is regularly reviewed and updated to reflect changes so nothing is lost. Regular Plan Reviews and Updates Life changes, and your Life & Legacy Plan evolves with you. My plans include regular reviews with you to ensure your plan reflects changes in your business holdings, personal relationships, and wishes. This ongoing relationship could prevent a situation where a potentially outdated will suddenly appears years after death. Building a Relationship of Trust Perhaps most importantly, I build relationships with my clients AND their loved ones. Unlike the mystery surrounding Pir Muhammad and his role in Hsieh’s will, your loved ones would know exactly who I am, how to reach me, and what role I play in helping manage your affairs. This relationship extends to providing counsel during difficult times, such as incapacity or end-of-life planning. Take Action Today Are you ready to avoid the kind of chaos that's plagued Tony Hsieh's legacy? As your attorney, I help you create a Life & Legacy Plan that ensures your wishes are honored, your loved ones are cared for, and your assets are preserved for the people you want, in the way you want. Click here to schedule a complimentary 15-minute consultation to learn how I can help you create your Life & Legacy Plan today.

As Pride Month begins, we celebrate the progress made toward equality while acknowledging that LGBTQIA+ individuals, couples, and families still face unique legal challenges. Despite the landmark decision in Obergefell v. Hodges  that established marriage equality nationwide, gaps in legal protection remain that can affect everything from healthcare decisions to inheritance rights. Having proper estate planning is not just important—it's essential for ensuring your wishes are honored and your loved ones are protected. The Evolving Legal Landscape for LGBTQIA+ Families While significant legal advancements have been made for LGBTQIA+ individuals and families, the legal landscape remains complex and varies by state. Marriage equality was a tremendous step forward, but it didn't solve all the legal challenges faced by the community. For example, in some states, legal recognition of non-biological parents in same-sex relationships can be tenuous without proper documentation. Healthcare directives might be questioned if estranged biological family members challenge a partner's right to make decisions. Assets without proper beneficiary designations could end up with distant relatives instead of long-term partners. Many LGBTQIA+ adults in the U.S. are in committed relationships or raising children. They are also often less likely to have estate plans in place compared to their heterosexual counterparts, leaving them particularly vulnerable to legal complications. Relying solely on marriage equality for protection is insufficient. Without comprehensive planning, you risk leaving crucial decisions about your health, assets, and loved ones to a system that may not align with your wishes. But with proper Life & Legacy Planning, you can create legal safeguards that respect your unique family structure and ensure your voice is heard. Traditional Estate Planning vs. Life & Legacy Planning Traditional estate planning typically focuses on creating basic documents like wills and powers of attorney. While these documents are important, they may not address the unique considerations of LGBTQIA+ individuals, couples and families, and can even provide a false security that results in a failure of the documents, when it’s both too late and when they are needed most.  For instance, a standard will may distribute assets according to your wishes, but it doesn't prevent the probate process—a public proceeding where estranged family members could contest your decisions. Traditional planning also tends to be transaction-based, with minimal updates over time, despite changing laws, assets and life circumstances. In contrast, Life & Legacy Planning takes a more comprehensive approach. This planning methodology considers not just your financial assets but your entire legacy—including your values, experiences, and hopes for future generations. It's designed to evolve with you throughout your lifetime, adapting to changes in your relationship status, family structure, and the legal landscape. Life & Legacy Planning includes several key elements that traditional planning often overlooks: First, it starts with education about what would happen to you and your loved ones if you become incapacitated or die without a plan. This understanding forms the foundation for making empowered and informed decisions about the planning you want and need. Second, Life & Legacy Planning includes a thorough inventory of your assets—not just financial assets but also your intangible assets like values and life lessons you want to pass on.  Third, it addresses healthcare decision-making comprehensively, ensuring your chosen advocate can speak for you without unnecessary legal hurdles. Fourth, Life & Legacy Planning ensures your plan will be reviewed and updated as laws change and your life evolves, so it works when you and your loved ones need it to. Most importantly, when you work with me to create your Life & Legacy Plan, we’ll take into account the unique challenges you and your loved ones might face, creating robust protections tailored to your specific situation. Essential Protections for LGBTQIA+ Individuals and Families For LGBTQIA+ individuals and families, certain legal protections are particularly crucial. Let's explore the key elements that should be part of your Life & Legacy Plan: Healthcare Documents: Healthcare power of attorney and living will documents are vital. These ensure your chosen person can make medical decisions if you cannot, preventing biological family members from overriding your partner's authority. They also specify your wishes regarding life-sustaining treatment, sparing your loved ones from having to make difficult decisions without guidance. Financial Protection:  Financial powers of attorney allow your designated representative to manage your finances if you become incapacitated. Without this document, your partner or chosen family might have no legal right to access your accounts to pay bills or manage your affairs, even if you've been together for decades. Inheritance Planning: While marriage provides some inheritance rights, a comprehensive trust can offer stronger protections. Trusts can help avoid probate, provide privacy, and ensure your assets pass to your chosen beneficiaries regardless of potential challenges from family members. Protecting Non-Traditional Families: For same-sex couples with children, additional protection is critical. This might include adoption paperwork, parenting agreements, or guardianship designations to ensure your children remain with your partner or chosen guardian if something happens to you. Digital Legacy Planning:  In today's digital world, your online presence and digital assets need protection too. Properly documenting access information and your wishes regarding social media accounts, cryptocurrencies, and digital files is increasingly important. Creating Your Life & Legacy Plan Creating your plan begins with finding the right advisor—someone who understands the unique considerations of LGBTQIA+ individuals, couples, and families. At Kaplan Estate Law, we create comprehensive plans that address not just the standard elements of estate planning but also the specific concerns of the LGBTQIA+ community. The process starts with a Life & Legacy Planning Session , during which we'll discuss your family structure, goals, and concerns. I'll explain what would happen to your loved ones and assets under current law if you became incapacitated or passed away without a plan. Then, together, we'll design a plan that reflects your wishes and provides maximum protection for your family. Once your plan is in place, we'll meet regularly to review and update it as needed. Laws change, life circumstances evolve, and your plan should adapt accordingly. This ongoing relationship ensures your plan remains effective and relevant throughout your life.  How to Get Started Now Pride Month is a time to celebrate identity, love, and family in all its diverse forms. It's also an ideal opportunity to ensure those you love most are legally protected. By creating your Life & Legacy Plan with me, you can have confidence that your wishes will be honored and your loved ones will be cared for, regardless of how laws or attitudes may change in the future. Take the first step toward comprehensive protection for yourself and your loved ones. Click here to schedule a complimentary 15-minute call and get started today.