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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 initial call. As always, feel free to reach out to us at lauren@kaplanestatelaw.com or (312) 833-2199 if you have any questions.

The call came four days after her husband died. A credit card company. Forty-one thousand dollars on his account. The representative told her she was responsible for the balance and asked when she could begin making payments. She was grieving, overwhelmed, and certain she had no choice. She started writing checks. She called me six weeks later, after she had made three payments on accounts that were held in her husband’s name alone and signed a repayment agreement for a debt that was never legally hers to pay. The bottom line on what families need to know: Debt does not transfer to your heirs the way your assets do. What it does is make a claim against your estate before your heirs receive anything. Understanding the difference is what determines whether your family pays what they owe, or pays what they never had to. What Debt Collectors Do Not Tell You Federal law prohibits debt collectors from falsely representing whether a surviving family member is legally responsible for a debt. It does not stop them from calling, implying liability that does not exist, or asking for payment from someone who has no legal obligation to make it. Debt held in the deceased’s name alone belongs to the deceased’s estate. Not to a surviving spouse. Not to adult children. Not to any family member who did not co-sign or jointly hold the account. When the estate pays its debts, what is left goes to the beneficiaries. When there is not enough in the estate to cover all the debts, the creditors absorb the loss. They do not get to pursue heirs for the difference. There are exceptions, and they matter, which is what the next section covers. One more protection worth knowing: creditor claims against an estate are time-limited. Most states require creditors to file their claims within a specific window after the estate is opened for probate. In Illinois, the time period is six months from the date the notice to creditors is published. Claims filed outside that window are generally barred. An estate that is properly administered under legal guidance will publish the required notice, start the clock on that deadline, and give the estate the leverage to reject late-filed claims entirely. The bottom line: Debt in the deceased’s name alone is the estate’s responsibility, not the family’s. Creditors who suggest otherwise are misrepresenting the law. The Exceptions That Matter This protection is real, and it has limits. Three situations create genuine personal liability for surviving family members. Joint accounts. If you held a credit card, bank account, or loan jointly with another person, that person was always a co-borrower. The death of one account holder does not change the other’s obligation. Joint account holders are responsible for the full balance, because they agreed to be when they opened the account. It is also important to note that being an authorized user or secondary cardholder is not the same as holding the account jointly. Authorized users did not sign the credit agreement and have no legal obligation to pay the balance. Co-signed loans. A co-signer is a backup borrower. They agreed to pay if the primary borrower could not. That agreement does not expire at death. If you co-signed a loan for a family member who then died, you are responsible for that loan. Community property states. Nine states treat most debt incurred during marriage as shared between spouses: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, a surviving spouse may be responsible for debt the deceased spouse took on during the marriage, even on accounts held in the deceased’s name alone. The rules vary by state and sometimes by the type of debt. If you do not live in one of these nine states, this exception does not apply to you. Alaska operates an opt-in community property system, which means married couples there may choose to have their assets and debts treated as shared. If you live in Alaska and are unsure whether this applies to your situation, that is worth confirming with an attorney who knows your specific circumstances. The bottom line: Joint accounts, co-signed loans, and community property marriages create real personal liability for surviving family members. Every other situation requires careful review before anyone agrees to pay anything. The Debts That Are Often Discharged Not all of what a person leaves behind becomes the estate's problem to solve. Some debt types have built-in discharge provisions that families are rarely told about upfront. Federal student loans. Federal student loans are discharged upon the borrower's death. The loan servicer requires proof of death, and once provided, the remaining balance is forgiven regardless of how much is owed. This applies to all federal student loan types, including Direct Loans and Parent PLUS loans held in the deceased's name. Private student loans. Private lenders vary significantly. Some include death discharge provisions in their loan agreements. Others do not. If there is a co-signer on a private student loan, that co-signer may still be responsible even if the lender would otherwise discharge the loan. Anyone managing a private student loan after a death should request the original loan agreement and contact the lender directly before assuming any payment obligation. Car loans and leases. A car loan is secured debt tied to the vehicle. The estate has the same options as with a mortgaged home: pay the loan and keep the car, sell the car and use the proceeds to pay the loan, or allow the lender to repossess the vehicle. Heirs do not become personally responsible for the balance simply because they inherit the car, but they cannot keep the vehicle without addressing the loan. Car leases are handled differently. Most auto leases include a provision for what happens when the lessee dies, but the terms vary by manufacturer and lender. Some allow a surviving spouse or the estate to assume the lease. Others require the vehicle to be returned and may charge early termination fees. The estate is responsible for whatever obligation remains, but heirs should review the actual lease agreement before making any payments or signing any new agreements. Medical debt. Healthcare providers can file claims against the estate. If the estate cannot cover the balance, medical bills generally go uncollected. Surviving family members who did not personally agree to pay a medical bill, and who are not in a state with specific spousal medical debt liability rules, are typically not responsible for a deceased family member's medical expenses. Some states have filial responsibility laws that can hold adult children liable for a parent's unpaid medical bills. Pennsylvania is the most notable and the most aggressive. A 2012 court case (Pittas) held an adult son liable for his mother's $93,000 nursing home bill with no signing and no wrongdoing, simply for being the adult child of an indigent parent. In most other states, liability is more limited and typically arises when an adult child has personally signed as financially responsible for a parent's care, or has misused the parent's assets. Liability under these laws typically arises when an adult child has personally signed as financially responsible for a parent's care, or has misused the parent's assets, such as redirecting a parent's Social Security income without paying the care facility. Simply being an adult child does not create automatic liability in most states. If you are in a state with filial responsibility laws or have signed anything related to a parent's care, that is worth reviewing with an attorney. Unsecured personal loans. A personal loan held in the deceased's name alone, with no co-signer, follows the same logic. The lender's claim is against the estate. If the estate is insufficient, the remaining balance is typically discharged. The bottom line: Federal student loans, medical bills, and unsecured personal loans are among the debts that may never be fully paid if the estate cannot cover them. Knowing which debts die with the borrower and which follow the people who signed for them is the difference between a family that pays what it owes and one that pays what it never legally had to. What Happens to the House A mortgage is secured debt, which means the debt is tied to a specific asset. When someone dies with a mortgage, the mortgage does not disappear. It stays attached to the property. Whoever inherits the home has a choice: pay the mortgage and keep the house, sell the house and use the proceeds to pay the mortgage, or allow the lender to foreclose if neither of those is possible. What does not happen is this: a family member does not become personally liable for the mortgage simply because they inherited the property. The lender can pursue the asset. They cannot pursue the heir’s personal accounts, savings, or other property, unless the heir separately agreed to take on that debt. One additional note: federal law requires lenders to work with certain surviving family members, including spouses and children who inherit and want to keep a property, on loan assumption or modification options. A family member who wants to stay in a home the deceased owned should not assume foreclosure is the only path. In some states, inheriting real property creates its own tax obligation. Five states impose an inheritance tax on beneficiaries who receive property: Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. The rates vary and depend on the relationship between the deceased and the heir, but for a home with meaningful equity, the tax owed can reach tens of thousands of dollars. A beneficiary who inherits a home in one of these states may face a choice between selling a property they intended to keep, or finding another source of funds to pay the tax. Life insurance structured to address inheritance tax liability is one way families solve this problem before it becomes a forced decision. The bottom line: Inheriting a mortgaged home means making a decision about that mortgage. It does not mean automatically inheriting the debt. The options are broader than debt collectors or lenders may initially suggest. What Happens with a Reverse Mortgage A reverse mortgage allows older homeowners to borrow against their home equity while continuing to live there. When the borrower dies, the full loan balance becomes immediately due. Heirs typically have six months to decide: pay off the loan and keep the home, sell and pay the loan from the proceeds, or allow foreclosure. What makes a reverse mortgage different from a conventional mortgage is the timeline pressure. Lenders move quickly once the borrower dies. If the home is tied up in probate, that creates a serious problem — the home cannot be sold or refinanced without court approval, and probate can stretch for a year or more while the lender's clock is running. Families have come within days of foreclosure waiting for probate courts to act. A home held in a revocable living trust avoids probate entirely, which means the successor trustee can act immediately. Some reverse mortgage lenders actually require the home to be in a trust as a condition of the loan. Either way, having the home in trust is the right structure if a reverse mortgage is part of the picture. The bottom line: A reverse mortgage creates a loan due at death with a narrow window for heirs to act. A trust gives them the authority and time to respond before the lender's deadline. When the State Has a Claim: Medicaid Estate Recovery When someone receives Medicaid benefits for long-term care after age 55, the state has the right to seek reimbursement from their estate after they die. This is called the Medicaid Estate Recovery Program, and every state participates. In most states, recovery is limited to assets that pass through probate. Assets held in a revocable living trust, accounts with named beneficiaries, and jointly held assets that transfer by operation of law may fall outside the reach of estate recovery. In Illinois, for example, the state has a right of reimbursement when a matter goes to probate — but a properly funded trust can change what the state is able to reach. The rules vary significantly by state and require legal analysis. But the point is this: if a parent received Medicaid-funded long-term care, the structure of the estate determines how much of what you expected to inherit actually reaches you. The bottom line: Medicaid recovery is a real claim against the estate. In states that limit recovery to probate assets, keeping assets in trust can meaningfully protect what passes to the family. What Heirs Should Not Do The days and weeks after a death are exactly when families are most vulnerable to making financial decisions that cannot be undone. Do not pay any debt from an individual account using personal funds unless you have confirmed in writing that you are legally required to do so. Voluntary payment can sometimes be interpreted as an assumption of liability. Do not sign any repayment agreement or acknowledgment without legal review. What you sign in the immediate aftermath of a death can create an obligation that did not previously exist. Do not give debt collectors access to account information, financial records, or any payment information beyond what they are legally entitled to request. Do ask for written documentation of any claimed debt. Federal law gives you the right to request validation, including the account number, the original creditor, and the amount claimed. Do contact an attorney before responding to collection calls on accounts held in the deceased's name alone. The estate handles those debts through the probate process. That is not a conversation heirs need to manage on their own. The bottom line: Heirs are not required to act as their own advocates against debt collectors. The estate has a process. The right plan puts me in that role, not a grieving family member fielding calls alone. How the Right Plan Changes What Your Family Faces I have had this conversation on both ends. The families I think about most are the ones who call me on the day the debt collector calls. Day one. Not six weeks later. Because their loved one had a plan, and that plan included having my number. I already know the estate. I already know which debts belong to it and which do not. A call that would have cost six weeks and three payments becomes a ten-minute conversation. That is what good planning looks like from the inside. Not the absence of grief. Not creditors who never call. It is a family that knows exactly who to call the moment they do. Assets held in a revocable living trust typically pass outside of probate, which is the process through which creditors make their formal claims against an estate. Retirement accounts and life insurance with named beneficiaries also pass directly to those beneficiaries, generally outside the reach of the deceased's creditors. A Life & Legacy Plan is what puts those protections in place before they are ever needed. This does not make debt disappear. What it does is determine how much of what you built reaches the people you intended to benefit, and who is already positioned to protect them when it matters. The relationship does not end when the documents are signed. When something happens, your family knows to call me. The bottom line: The right estate plan does not eliminate debt. It makes sure your family has someone who already knows the answers when the calls start coming. What You Can Do Right Now If your family has never had a real conversation about what debt exists, how accounts are titled, or what would happen in the days after a death, now is the moment to change that. The families who are most protected are not the ones who never deal with debt collectors. They are the ones who already know exactly what to do when those calls come in. That starts with understanding which debts are the estate's responsibility and which are not, which accounts are joint, whether community property rules apply in your state, and whether your beneficiary designations still reflect what you intend. When I work with families on this, we look at the full picture. How accounts are titled. What kind of debt exists. How the estate would be administered. And whether everyone your family would turn to in a crisis already has my number. That is exactly the kind of conversation a Life & Legacy Planning Session is built for. This is not a one-size-fits-all conversation. What the right plan looks like depends on how your accounts are titled, what state you live in, and what your specific debt picture looks like. Schedule a complimentary Initial Call and let's make sure your family already knows who to call, what they owe, and what they do not.

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.

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. In a lavish, library-like room, a tense meeting takes place as family members confront one another, radiating both suspicion and curiosity. 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 A judge brings down the gavel in a decisive moment during a courtroom session. 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.

Some of the most important things in life don't happen by accident. They happen because someone took the time to think ahead, make thoughtful decisions, and create a plan. That's exactly what estate planning is about. A well-designed estate plan isn't just a collection of legal documents. It's a framework that protects the people you love, provides clear guidance during difficult times, and helps ensure your wishes are carried out long after you're gone. Without a plan, many of those decisions are left to state law and the courts. But when you create a comprehensive Life & Legacy Plan, you stay in control of the decisions that matter most. Let's look at why thoughtful planning can make all the difference for your family. Stay in Control of Your Family's Future One of the greatest gifts you can give your loved ones is clarity. Without an estate plan, you're essentially allowing the government to make crucial decisions about your family's future through default state laws and the probate court. 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 choose—people who don't share your values or wouldn't honor your wishes. State laws determine how your assets are divided. Those laws are designed to apply to everyone, not your unique family. They don't take into account your wishes or your loved ones' individual needs. As a result, people you never intended to inherit from you could receive part of your estate, and your assets may not pass to the people you want in the way you intended. Your loved ones may not have access to funds when they need them most. They could wait months or even years before receiving resources you intended them to have immediately. During that time, bills may go unpaid, your children may not have access to funds for their care, or your spouse may struggle to maintain financial stability. If you own a home with a mortgage, valuable equity could even be lost through foreclosure. Assets can be lost. Without a complete inventory of your assets and instructions for accessing them, it's surprisingly common for accounts to go unclaimed and eventually end up with the state's unclaimed property division. Your family's private financial matters become public. Without an estate plan, your loved ones must go through probate court, where information about your assets and family becomes part of the public record. The good news is that you have the ability to decide what happens instead. A thoughtfully designed estate plan puts those decisions in your hands—not the government's. Not every estate plan, however, will accomplish what you want. Many plans fall short because they don't account for your family's unique circumstances, your specific assets, or the fact that life changes over time. Your plan should be reviewed and updated as your family grows, your assets change, and new laws take effect. That's exactly what Life & Legacy Planning is designed to do. Creating a Plan for Your Loved Ones Life & Legacy Planning goes beyond basic legal documents to create a comprehensive plan that works when your loved ones need it most. This includes detailed guidance for your family, an organized inventory of your assets so nothing is overlooked, and an ongoing relationship with me so I can help your loved ones navigate difficult transitions. Your Life & Legacy Plan also protects future generations by providing thoughtful instructions for how inherited assets should be managed. Rather than leaving your children to receive everything at age 18, you can structure their inheritance to support their education, encourage responsible financial habits, and provide long-term security. Building a Lasting Legacy Unlike traditional estate planning, which often focuses only on preparing legal documents, Life & Legacy Planning is an ongoing process. It's about creating a relationship with a trusted advisor who helps ensure your plan continues to work as your life evolves. When you create your Life & Legacy Plan with me, I'll help you: Make sure your children are never taken into the care of strangers and are raised by the people you choose, guided by your wishes. Pass your assets to the people you love in the way you intend, including creating structured inheritances that provide long-term protection instead of unrestricted access at age 18. Maintain an up-to-date asset inventory so nothing is forgotten or lost to the state's unclaimed property division. Create a Life & Legacy Interview, where you preserve the stories, traditions, values, and life lessons you want your loved ones to remember. These gifts often become even more meaningful than the financial inheritance you leave behind. Review and update your plan as your family, finances, and life circumstances change. I have systems in place so you don't have to remember when it's time for an update—I 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. At Kaplan Estate Law LLC, 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 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.

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, our Life & Legacy Planning at Kaplan Estate Law LLC 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.

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.

I work with parents on this exact question all the time, and especially this time of year, sitting right between Mother's Day and Father's Day, the love you have for your children tends to be at the forefront of your mind. But there's a question I find most parents haven't actually answered yet, even the ones who think they have. When I sit down with parents, I find most have thought about who would take care of their children if something happened to them, maybe during a quiet moment on a long drive, or in a conversation with a partner that reached an agreement in their heads but never quite made it onto paper. Here's what I tell them, and what most parents don't realize: that agreement in your head, or the agreement with your godparents, doesn't exist in the eyes of the law. If something happened to you tonight, the decision about who raises your children wouldn't belong to you anymore. It would belong to a court, and a judge who doesn’t know you or your children, or what matters to you. Here's what that actually means, and what you can do about it right now. The Decision That Gets Handed to a Stranger When You Don't Make It When I ask parents what they think would happen, most assume the right people would just step up. A sibling, a grandparent, a godparent, a step-parent, a close friend. The people who love your children would figure it out. That's not how the law works. When there is no named guardian, a judge appoints one. That judge has never met you or your children. They don't know your family's values, your relationships, or who your kids would feel safest with. They don’t know what you care about, how you would want healthcare decisions made for your kids, or education choices. What they see is a petition from one family member and a competing petition from another, each one certain they are the right choice. Family conflict over custody of the kids (and often the money left behind for them) is one of the most painful things that can happen to a family already in grief. Grandparents, aunts and uncles, siblings, close friends, people who genuinely love your children, can end up in a legal dispute at the worst possible moment in their lives. The outcome is not guaranteed to be what you would have chosen. The bottom line: Without a legally named guardian, the decision about who raises your children belongs to a judge, a court system, a process you never want the people you love to get trapped within. The people you trust most may have no legal standing to step in, no matter how obvious the choice seems to everyone in your family. The First 72 Hours: The Window Nobody Plans For In my planning sessions, I find most parents think about the long-term question: who would raise our children through childhood? Almost none of them think about what happens in the first 72 hours after an emergency. Who has the legal authority to pick your children up from school if you were hospitalized tonight? Who can authorize emergency medical care if your child is injured before anyone has had a chance to call a lawyer? Who can step in immediately, not after a court process, but right now? This is the gap I close with families before the crisis, while we still have time to design around it. Here is the scenario I walk parents through. Something happens to both of you on a Tuesday evening. Your children are with a sitter. Emergency responders arrive. There is no document anyone can find that names those who should take the children. The sitter has no legal authority. The neighbors have no legal authority. Even the grandparents who live twenty minutes away have no legal authority to take custody in that moment. The authorities follow protocol. Your children are placed in the temporary care of strangers, not because anyone failed them, but because nothing was in place to tell the system what to do. Your will, assuming it names a guardian, is sitting in a filing cabinet somewhere or a lawyer's vault. The person you named still has to be appointed by a court before they can take custody. That process takes weeks or months, not hours. A complete plan names two things: the person who would raise your children long-term, and the people who are authorized to provide immediate care in the hours before that longer process unfolds. Without both, there is a gap. And gaps are where already hard situations get much harder. This is where having a Kids Protection Plan changes what those first hours actually look like. You'll name someone who can help your family activate everything you put in place. The grandparents who arrived in the middle of the night don't have to figure out what you would have wanted. The named guardian doesn't have to wonder if anyone has the paperwork. The bottom line: The immediate guardian question, what happens in the first 72 hours, is just as important as the long-term one. Most parents have planned for neither. The Real Reason Most Parents Keep Putting This Off When parents come to me, having put this off for years, I ask them why. The most common reason is that the decision feels permanent. And permanent feels like pressure. What if the person you choose isn't right in ten years? What if your relationship with your sibling changes? What if naming someone means having an awkward conversation with the family member you didn't choose? Here's what I tell them: naming a guardian is not a permanent, unchangeable decision. I help my clients update this decision as their children grow, as relationships shift, and as circumstances evolve. What matters is documenting a decision today, based on the people and relationships you have right now. As for the discomfort of choosing between family members or friends: that discomfort is real, and it deserves a real conversation. But leaving the decision to a court doesn't protect anyone from awkwardness. It simply removes you from the process entirely and hands the question to a judge who doesn't know any of you. What I tell my clients: Naming a guardian is a decision you can revisit and update. Not naming one is a decision you cannot take back. The Questions That Matter More Than "Who Do I Trust Most?" When I walk parents through this, most start with trust, and that's the right instinct. But trust alone doesn't answer the question. The right guardian is the person who would raise your children closest to the way you would raise them yourself. Here are the questions I walk my clients through, out loud, with their partner, and ideally with the person they are considering: Values and parenting style. Does this person share your values in the ways that matter most, around faith, education, discipline, and community? Would your children recognize themselves in the home this person would create? Willingness and actual capacity. Have you asked them directly? A guardian who is surprised by their nomination is not the same as one who said yes with a full understanding of what that role means. Practical reality. Where does this person live? Would your children need to leave their school, their community, their friends? Is this person in a stage of life where they can realistically take on children? Age and long-term health. A grandparent may be the most emotionally obvious choice, but may not be the most practical one over the full arc of your children's childhood. Sibling relationships. If you have more than one child, will this person be able to keep them together? Are there any circumstances under which your children might be separated? Backup guardians. What happens if your first choice can't serve? Illness, a change in circumstances, or a shift in the relationship could make your primary guardian unavailable. Naming one or two backups ensures there is always someone with clear legal authority to step in. If you're naming a couple. Relationships change. If the couple you name separates or divorces, who becomes the guardian? Do they share responsibility? These are questions worth answering now, in writing, rather than leaving to a court later. One more thing I make sure my clients understand: a godparent is not a legal guardian. It's one of the most common misconceptions in estate planning. Verbal agreements, informal understandings, and family assumptions carry no legal weight. The only thing that matters is a properly executed legal document. There are no perfect answers to these questions. But I walk my clients through them carefully because the goal isn't to find the most responsible person in your family. It's to find the person whose home, values, and life most closely match the one your children already know. The bottom line: The guardian question is not simply "who do I trust?" It's "who would raise my children the way I would?" Those are often the same person. But asking the deeper question makes sure you're choosing for the right reasons. Why This Isn't a Conversation to Have Alone In my experience, naming a guardian is one of the most important decisions a parent will make. It is also one of the most connected decisions in an entire plan, and it doesn't work in isolation. The person who raises your children and the person who manages money for your children may not be the same person, and separating those roles is often exactly the right move. The best caregiver in your family may not be the best financial manager. A well-designed plan lets you make those two decisions independently. It also raises a harder truth: a guardian named in a plan with no resources behind it is in an impossible position. Naming the right person means very little if there isn't a financial plan supporting them. These decisions: who cares for your children, how their lives will be funded, and what happens in the first 72 hours, don't exist in isolation. They connect to each other in ways that aren't obvious until something goes wrong. In my work with families, I see these connections every day. The guardian conversation is part of a larger planning process, not a standalone checkbox. When I work with parents on this, I make sure the right people are named, the right resources are in place, and that the people you're counting on actually know what you want. A plan nobody knows about is not a plan. And the relationship doesn't end when the documents are signed. When something happens, your family knows to call me. I know your plan, I know the people you named, and I am there for your family in the moment when you cannot be. That is the part of this work that no document, on its own, can do. There's one more piece I bring up that most parents never think to ask about: you can also formally name the people you would never want raising your children. Not just who you want, but who you don't. When I do this with my clients, the document makes it highly unlikely that someone you'd never choose would even come forward as a candidate. What You Can Do Right Now If you have children at home and haven't named a guardian, or if you have, but only in a will and not part of a complete Kids Protection Plan, I want to help you change that. Not because something is about to happen. Because if something did happen, you want to be the one who made that decision, not a judge who has never met your family. I help families create a Life & Legacy Plan that addresses who raises your children, who cares for them immediately in a crisis, and how they will be provided for financially. I don't create one-size-fits-all documents, and the relationship doesn't end at signing. I take the time to understand your specific family, design a plan that actually works when the people you love need it most, and stay in a relationship with you so that when something happens, your family has someone to call who already knows what you wanted. Schedule a complimentary 15-minute initial call, and let's make sure your children are protected, starting today.

Whether it’s to qualify for Medicaid, avoid probate, or reduce your tax burden, transferring ownership of your home to your adult child during your lifetime may seem like a smart move. But in nearly all cases, it’s actually a huge mistake, which can lead to dire consequences for everyone involved. With this in mind, before you sign over the title to your family’s beloved homestead, consider the following potential risks. 01 | YOUR ELIGIBILITY FOR MEDICAID COULD BE JEOPARDIZED With the cost of long-term care skyrocketing, you may be worried about your (or your senior parents’) ability to pay for lengthy stays in an assisted-living facility or a nursing home. Such care can be extremely expensive, with the potential to overwhelm even those families with substantial wealth. Since neither traditional health insurance nor Medicare will pay for long-term care, you may look to Medicaid to help cover the costs of long-term care. To become eligible for Medicaid, however, you must first exhaust nearly every penny of your savings. In light of this requirement, you may have heard that if you transfer your house to your adult children, you can avoid selling the home if you need to qualify for Medicaid. You may think transferring ownership of the house will help your eligibility for benefits, and this strategy may seem easier and less expensive than passing on your home (and other assets) through estate planning. However, this tactic is a big mistake on several levels. It can not only delay—or even disqualify—your Medicaid eligibility, it can also lead to other serious problems. Here’s why: In February 2006, Congress passed the Deficit Reduction Act, which included a number of provisions aimed at reducing Medicaid abuse. One of these provisions was a five-year “look-back” period for eligibility. This means that before you can qualify for Medicaid, your finances will be reviewed for any “uncompensated transfers” of your assets within the five years preceding your application. If such transfers are discovered, it can result in a penalty period that will delay your eligibility. Any transfers made beyond that five-year window will not be penalized. The length of the penalty period is calculated by dividing the amount of the uncompensated transfer by the average cost of one month of private nursing home care in the state you live in. These days, the average cost of nursing home care is roughly $10,000 a month. Given these figures, this means that for every $10,000 worth of uncompensated transfers made within the five-year window, your Medicaid benefits will be delayed for one month. So if you transferred the title to a home worth $500,000 within the look-back period, your Medicaid benefits would be delayed for 50 months. In light of this, if you transfer your house to your children and then need long-term care within five years, it could significantly delay your qualification for Medicaid benefits—and possibly even prevent you from ever qualifying. 02 | YOUR CHILD COULD BE STUCK WITH A MASSIVE TAX BILL Another drawback to transferring ownership of your home in this way is the potential tax liability for your child. If you’re elderly, you’ve probably owned your house for a long time, and its value has dramatically increased, leading you to believe that by transferring your home to your child, he or she can make a windfall by selling it. And by transferring the property before you die, you may think that you can save your child both time and money by avoiding the need for probate. Probate is the court process used to distribute your assets according to the wishes outlined in your will or according to our state’s intestate succession laws if you don’t have a will. Depending on the complexity of your estate, probate can be a long and expensive process for your loved ones; however, that expense is likely to be relatively minor compared to the tax bill your heirs could face. That’s because if you transfer your home to your child during your lifetime, he or she will have to pay capital gains tax on the difference between your home’s value when you purchased it and the home’s selling price at the time it’s sold by your child. Depending on your home’s value, that tax bill can be astronomical. In contrast, by transferring your home at the time of your death via your estate plan, your child will receive what’s known as a “step-up in basis.” This tax savings is one of the only benefits of death, and it allows your child to pay capital gains taxes when he or she sells your home, based only on the difference between the value of the home at the time of inheritance and its sales price, rather than paying taxes based on the home’s value at the time you bought it. For example, say you originally purchased your home for $80,000, and when you die, the home had appreciated in value to $250,000. Your daughter inherits the home upon your death, and then she sells it five years later for $300,000. With the step-up in basis in effect, she would only owe capital gains taxes on the $50,000 of difference between the home’s value when it was inherited and when it was sold. However, if you transferred ownership of the home to her while you were still living, your daughter would lose the step-up in basis, and would face a capital gains tax bill of $220,000. Capital gains tax is only one kind of tax that could be impacted by a transfer of your home during your lifetime. You may also destroy valuable property tax basis, which could cause a re-assessment of your home for property tax purposes, depending on the county or state your home is located in. There are much better ways to avoid probate using estate planning, such as by putting your home into a revocable living trust, in which case your home would immediately pass to your loved ones upon your death, without the need for any court intervention. As your attorney, we can help you choose the most advantageous estate planning strategies to minimize your beneficiaries’ tax liability and ensure they get the most out of their inheritance, all while allowing them to avoid court and conflict. 03 | YOUR HOME COULD BE VULNERABLE TO DEBT, DIVORCE, DISABILITY, & DEATH There are a number of other reasons why transferring ownership of your house to your child is a bad idea. If your child takes ownership of your home and has significant debt, for example, his or her creditors can make claims against the property to recoup what they’re owed, potentially forcing your child to sell the home to pay those debts. Divorce is another potentially thorny issue. If your child goes through a divorce while the house is in his or her name, the home may be considered marital property. Depending on the outcome of the divorce, the settlement decree may force your child to sell the home or pay his or her ex spouse a share of the home's value. The disability or death of your child can also lead to trouble. If your child becomes disabled and seeks Medicaid or other government benefits, having the home in his or her name could compromise their eligibility, just like it would your own. And if your child dies before you and owns the house, the property could be considered part of your child’s estate and end up being passed on to your child’s heirs, leaving you homeless. THERE’S SIMPLY NO SUBSTITUTE FOR PROPER ESTATE PLANNING Given these potential risks, transferring ownership of your home to your adult child as a means of “poor-man’s estate planning” is almost never a good idea. Instead, you should consult with us to find alternative solutions. We can help you find much better ways to qualify for Medicaid and other benefits to offset the hefty price tag of long-term care, and at the same time, we will keep your family out of court and conflict in the event of your death or incapacity. As your attorney, we offer a variety of different estate planning packages at a variety of different price points as part of our Life & Legacy Planning Process. With our guidance and support, we will not only help you protect and pass on your home, but all of your family’s wealth and assets, while also enabling you to better afford whatever long-term healthcare services you might require. Contact us or e-mail lauren@kaplanestatelaw.com to learn more.

Tax season just made you look at your financial life honestly. All of it. Tax season forced it. You gathered documents, tracked down account statements, reviewed what you own and what you owe. Right now, in May, you are more financially clear-headed than you will be at almost any other time this year. And here’s the thing most people don’t do next: they close the folder. They file the return, pay what they owe, and move on without ever asking the one question that matters most. If something happened to you tomorrow, would the people you love be okay? Not just emotionally. Legally. Financially. Would they have access to your accounts, authority to make decisions, and the protection of a plan that actually works? That question has an answer. But you have to ask it while the documents are still in front of you. You Just Did the Hard Part. Here’s What Most People Skip. The financial clarity that comes with tax season is something most families never tap into for anything beyond the return itself. And that’s a real missed opportunity because the same information you just assembled is exactly what an estate plan needs to stay current. Think about what may have changed in the last year: You opened a new investment account, changed jobs, or rolled over a retirement plan You bought a home, inherited money, or received a significant gift You had a child, got married, or went through a divorce Your income went up, and so did what you’d leave behind A parent died, and you became the next generation in line Any one of these changes can quietly break an estate plan that made perfect sense when it was created. And yet most people’s plans never get updated after they’re drafted, because nothing feels urgent enough to prompt a review. Life gets busy. The folder goes back in the drawer. Tax season removes that excuse. The documents are in front of you. The questions are already in your mind. The only thing missing is one more conversation. The bottom line: Right now is the best time all year to ask whether your estate plan still matches your life, and to actually do something about it. The Form That Could Override Everything You’ve Planned Here’s something your tax return reveals that your estate plan may not know about: every retirement account, life insurance policy, and annuity you own transfers based on a beneficiary designation form - not your will, not your trust, not what you intend. Those forms override everything else. It doesn’t matter what your estate planning documents say. If your 401(k) still names your ex-spouse, a deceased parent, or no one at all, that’s where the money goes, regardless of what your will says. Courts have upheld this outcome even when it was clearly not what the account owner would have wanted. The form wins. If you named your children as direct beneficiaries without considering their ages, their circumstances, or the tax implications, a lump-sum distribution could land in their hands at the worst possible time or generate a tax bill that takes a serious bite out of what you intended to leave them. A $300,000 retirement account paid directly to a young adult child in a single year could easily cost them $75,000 or more in federal income taxes alone (roughly a quarter to a third of the inheritance, gone before they can use it). The problem is that people update their tax withholding every year but never look at their beneficiary designations. These forms were filled out years - sometimes decades - ago, and they sit quietly in HR systems and insurance policies, waiting to create a crisis. The bottom line: Your tax return shows you exactly which retirement accounts and life insurance policies you have. Now is the time to check who is actually named on every single one and whether that’s still what you want. What Your Tax Return Is Telling You That Your Estate Plan Doesn't Know Certain lines on a tax return are signals that your estate plan needs attention, even if you don’t realize you’re looking at them. A new dependent on your return means a child who has no legal protection if both parents become incapacitated tonight. There’s no document that gives a grandparent, aunt, or trusted friend the immediate legal authority to pick that child up from school, consent to medical treatment, or keep them out of foster care. A change in filing status from married to single may mean a former spouse still controls your medical decisions through an outdated healthcare proxy (a document that doesn’t automatically expire after a divorce in most states). New business income appearing on your return means there are assets with no succession plan. If something happened to you, who would step in? Who has the authority to keep things running, pay your employees, or decide whether to sell? These changes appear on paper. They don’t automatically update your estate plan. An attorney reviewing your estate plan has no way of knowing your life has changed unless you tell them. And most people never do. The bottom line: If anything significant showed up on this year’s return that wasn’t there last year, that’s a signal your estate plan may need to catch up, and sooner than you think. Why This Isn’t Just Pulling Out a Folder A real estate plan check-up is not a document review. It’s a conversation about whether your life is protected the way you think it is, and the answer is often not what people expect. The right questions look like: Has your family situation changed in a way that should change who you’ve named as guardian, trustee, or executor? Are your powers of attorney and healthcare directives still current, or were they drafted under laws that may have since changed? Are your assets titled correctly? Owning a home in your name only, without a plan, can send it through probate regardless of what your trust says. Do the people you’ve named actually know what you’d want them to do, and do they know where to find everything? Documents alone don’t protect your family. Plans fail not because they were wrong when they were drafted, but because no one kept them current, no one could find them, or no one was there to guide the family through a crisis. That’s the difference between a document and a real plan. The bottom line: Having the right documents is the starting point. Having a plan that's current, accessible, and backed by someone your family can call - that's what actually protects them. What You Can Do Right Now The financial clarity you have right now won’t last. It never does. But if you use this window - while the documents are fresh and the questions are still in your mind - you can make sure the people you love are genuinely protected. At Kaplan Estate Law LLC, we help you create a Life & Legacy Plan that actually works when your family needs it to. Not just documents in a drawer, but a complete plan that stays current as your life changes, and a trusted advisor your family can call when a parent dies, an accident happens, or a diagnosis changes everything. Schedule a complimentary 15-minute initial call to learn more.

Imagine this: something unexpected happens, and you're suddenly unable to care for your children. It's a parent's worst nightmare. In this situation, you'd want to know that your kids will be loved, cared for, and raised according to the values you hold dear. But have you taken the right legal steps to ensure that happens? Many parents mistakenly believe that simply naming guardians in their will is enough to protect their children. Unfortunately, this isn't always the case. There are common mistakes that can lead to legal battles, family conflicts, and even put your kids' well-being at risk. What if something happened to you tomorrow? Would your children end up in the care of strangers, even temporarily, because you didn’t have a plan in place for their immediate care? Don't let that happen. By working with us, you can avoid these pitfalls and create a rock-solid guardianship plan that provides true peace of mind – knowing that, no matter what, your children will always be raised by the people you love most. The 10 Common Mistakes Parents Make When Choosing Guardians 1) Thinking a Will is Enough A will is essential, but it only kicks in after you're gone. It doesn't cover situations like sudden illness or incapacity. You need separate guardianship documents specifically designed to address these "what if" scenarios while you're still living. 2) Planning Only for the Long-Term If something were to happen to you today, who would take care of your kids right now? Don't just plan for the long haul – you also need to designate short-term guardians to prevent your children from being placed with strangers, even temporarily, while the authorities sort things out. 3) Not Naming a Guardian at All This might seem unthinkable, but it happens. If you don't formally name a guardian, you're leaving one of the most important decisions of your life up to the courts. This could mean your children end up with someone you wouldn’t have chosen. 4) Overlooking Backup Guardians Life is unpredictable. Your first-choice guardians may not always be available or able to step in. Always name multiple backup guardians to ensure there's a safety net if your primary choice is unable to serve. 5) Choosing Guardians Based on Financial Ability Alone Money matters, but it shouldn't be the only factor when choosing who will raise your children. Your children's well-being depends on being raised in a loving, supportive environment aligned with your values. Consider factors like location, lifestyle, parenting philosophies, and the overall compatibility of your chosen guardians with your family. And remember, you can always choose a separate financial guardian, or appoint a Trustee of a Trust, to specifically manage any money you leave behind for your children – this can be a separate role from their daily care. 6) Assuming Godparents are Legal Guardians Many people use the terms "godparent" and "legal guardian" interchangeably, but they aren’t the same. Verbal agreements or informal designations hold no legal weight. To make your wishes legally binding, you need formal guardianship documents prepared by an experienced professional. 7) Not Thinking Beyond Guardianship Guardianship isn't just about who will raise your kids – it's also about who will make important financial and healthcare decisions on their behalf. You'll need powers of attorney and other legal tools to ensure these matters are handled according to your wishes. 8) Failing to Communicate Your Wishes Don't leave anything to chance. Clearly document your values, your parenting preferences, and any specific instructions you want your guardians to follow. This guidance will provide invaluable support as they navigate the challenges of raising your children. 9) Not Reviewing and Updating Your Plan Life is constantly evolving. Your family dynamics change, your children grow, and laws are updated. It's vital to review and update your guardianship plan regularly to ensure it still reflects your current circumstances and wishes. 10) Naming a Couple Without a Contingency Plan Relationships evolve. Sadly, even the most solid couples can face unexpected challenges like divorce or separation. It’s vital to think about what would happen to your children if your chosen guardians were to split up. Would one person become the sole guardian? Would they share custody? Outlining these details now can prevent future conflict and heartache. There’s a Better Way: Create a Kids Protection Plan A Kids Protection Plan provides comprehensive protection for your children, so you never make one of the ten mistakes and put your children at risk of being raised by someone you’d never want to raise them (or worse, ending up in the foster care system). Unlike a traditional estate plan that simply names guardians, a Kids Protection Plan creates a complete safety net that addresses both immediate and long-term care needs. Every Kids Protection Plan I create with clients in Chicago includes legal documents that ensure your children won’t be placed in the care of strangers or the foster care system, even temporarily. It provides detailed instructions for emergency responders and caregivers, and identifies temporary guardians who can step in immediately. Perhaps most importantly, it creates a roadmap of your values, hopes, and dreams for your children's upbringing. With a Kids Protection Plan, you're not just naming someone to take your place - you're providing them with the guidance and legal authority they need to raise your children exactly as you would want. Ready to Protect Your Kids? Your children are your most precious asset. Don't leave their future to chance. With our Life & Legacy Planning, you can rest assured knowing that your children will always be in the most capable and loving hands, no matter what life throws your way. Ready to take control and build that plan? Schedule a free 15-minute call with me today. I'll answer your questions, address your concerns, and help you take the first step toward securing your children's future. Check out our new Guide - 7 Must-Dos When Naming Guardians For Your Kids