On May 1, 2012, Facebook asked FB users to sign up to donate organs.  There is a shortage of available organs for people in desperate need of life-saving organs.  Over 100,000 people in the United States alone are waiting for organs. Facebook has used its reach to help close the gap.

You can read an article from the San Jose Mercury News here.   Californians are being encouraged to register to donate organs with Donate Life California.

As part of your estate plan in California you can indicate your preference to donate your organs on your Advance Health Care Directive.  All of our clients are able to make this election on their Health Care Directives.

Not only is an Advance Health Care Directive useful for indicating your desire to donate your organs, you will also nominate your Health Care Power of Attorney, the person to make health care decisions for you if you are unable to make decisions for yourself.

And perhaps even more importantly, you can turn your wishes about your end of life into directives.  A directive whether you want life sustaining treatment if you are unconscious with little chance of survival or not.  Some people want to qualify their directives with time periods and scenarios.  The important point is that you avoid a situation where your loved ones fight, or do not know what to do and your wishes can be carried out.

Health Care Directives are important legal documents that everyone should have.  Whether you donate your organs through your directive, or by registering with an agency, this is another choice that can potentially save someone’s life.

Thanks Facebook for doing your part to spread the word.

Estate Planning is an important piece to make sure that your wishes regarding your health care and organs are taken care of.

Create Your Legacy Today!

Kristina Hess Haymes

San Diego Estate Lawyer

Ideals are good.  Standards are Good.  Excellence is Good.  We are called to do well and be excellent.  For sure!

But sometimes our desire to have things “just right” or “perfect” can be a real hindrance.

Can we be real?

In preparing estate plans for San Diego families, I see this frequently in my office.  I am going to use the collective “us” and “we,” because I can certainly identify with these scenarios.

Sometimes our desire to have it just right might hold us back from having it at all…

What if you like the idea of recording a video to begin leaving a library behind of your intangible wealth for your children and (perhaps future?) grandchildren… but you don’t look quite right.  Or, you don’t quite know what to say? Or, maybe you don’t want to record anything that personal (and potentially emotion inducing) in front of someone you don’t know that well.

I get that.   But are you really going to do it on your own at home?

Or, maybe you and your spouse really know that you need to nominate guardians for your children (people who could raise your child or children in the event that you are unable to) but there just isn’t that perfect person or couple.

The truth is there is no perfect person that is not you!  There just isn’t.  Parents can be pretty difficult, if not impossible, to replace.  But, the alternative to not legally nominating long term guardians for you children, is that you are taking a huge chance that nothing happens to you and your spouse before your child or children are adults!  Are you willing to play the odds with the lives of your children?  I mean, if you are gone, there is a default plan — a judge will decide who will raise your children.

But wouldn’t you rather have an imperfect plan then leave it up to a judge?

When it comes to back up parents for our children, perfect probably isn’t an option.

In this case, an imperfect plan is hands down better than no plan.  Who knows in your circle of family memberswho would step forward to volunteer to raise your children?  And, who knows how good someone may look on paper when the reality can be far different.  Maybe you are assuming that both sides of the family would handle a difficult situation with grace and love, but that is often not the case.

Again I say, this is a situation where an imperfect plan is better than no plan.

Are there other ways that a desire for perfection is holding you back?  Sometimes, we just have to get over ourselves and get something done.  Sometimes imperfect is much better than waiting for perfection.  Perfection doesn’t even really exist anyway.

I ran across an interesting book not to long ago called Wabi Sabi Love: the Ancient Art of Finding Perfect Love in Imperfect Relationships.   The author’s work is based upon “the ancient Japanese aesthetic known as wabi sabi which honors all things old, worn, weathered, imperfect, and impermanent. In fact, it seeks to find “beauty and perfection in the imperfections.

Of course, like anything, the application of the concept is context specific.  But there is something really powerful about love and acceptance of our humanity in all of its imperfections.  You can apply this to your relationships (when they are not harmful of course) and the people in your lives.  You can apply this to tackling something that may seem overwhelming like legal planning for life and death.

Is your desire or need for perfection standing in your way?  Is it blocking your path to getting your estate planning done, loving those around you, making sure you show your love by making things as easy as possible for those you care deeply about if you are no longer here?

hmmm, love, acceptance, honor … imperfect people.

Create Your Legacy Today!

San Diego Probate and Trust Attorney, Kristina Hess Haymes

Polly and Sam from Del Mar, California want to know how to change their revocable living trust.  They created a joint trust over 10 years ago and their life has changed.

They had another child, and the persons they selected as their successor trustees need to be updated (trustees are the ones who manage your trust when you no longer can).

Some people want to know if they can just write a piece of paper and attach it to their trust.  Or, can they just mark up the trust, crossing out the names and writing in new ones?

A recent case decided by a California Appellate Court has reminded us all that the most important thing to do when changing an existing trust is to follow the directions for making an amendment contained in the original trust.  In the recent case, a party had followed the California Probate Code on how to amend a trust, which differed from what the trust instrument provided.

California law gives deference to legally binding written agreements.

Follow your Trust.

Don’t make handwritten changes.

Make sure you execute a proper amendment.

Here at Haymes Law Group we have a membership program in place, where for a monthly or flat annual fee, you can get unlimited changes or updates to your estate plan.  That way you can be sure that your plan is up to date, and that your amendments are all done properly.

Create Your Legacy!

Kristina Hess Haymes

San Diego Estate Lawyer

Wills, Trusts, and Businesses

Hey San Diegans,

It has been awhile since I’ve recorded a new video on an educational topic about wills, trusts, living trusts, estate taxes, probate, and child guardianship…. I’m wondering if there is a topic that you have a question about?

Is there something you would like me to address?

Oh, and have you gone to check out my free videos on estate planning?

Be sure to go to http://sandiegoestateplanningvideos.com and get access to my free videos.

I would love to hear from you and answer your questions.

I recently did a radio show about asset protection, and there were a lot of good questions on that topic.

Maybe that’s the next video?

Tell me what you think.

Create Legacies,

Kristina Hess Haymes, San Diego Estate Lawyer

www.haymeslawgroup.com

I heard this story on the radio this morning about a man in Montana who was stuck in his car for three days!  His car got stranded in a snow storm.

Every hour he played 15 minutes of angry birds and ran his car’s heater to stay alive.

He also drafted a will!

You can read about his story here.

Don’t wait until your stranded in your car in a snow storm to put a will or living trust in place.

Make sure you legal house is in order today!

A friend died recently leaving two small children, and I’m reminded that no one is promised tomorrow.  We all think we will live until our old age, but there are no guarantees in life.

Notwithstanding the fact that I assist people in planning for their eventual death, we always hope it is eventual.

I am still shocked by news of those dying young, before we thought it was their time.

So, learn from the guy in his car in the mountains… stranded in a storm and get your legal affairs in order now.

Everyone needs a will,  a power of attorney, health care directive, living will, HIPAA authorization.

If you own your own home in San Diego or Southern California, then, you likely will need a living trust to avoid San Diego Probate Court.

Create your legacy today!

Kristina Hess Haymes

San Diego Probate and Trust Attorney

Last week I was writing about 2012 being the year to make big gifts… for some.

But maybe you are saying to yourself, that’s great, but I’m not in the multi-million dollar estate range and so the opportunity to gift millions this year and pay the gift tax as opposed to the estate tax doesn’t really help or inspire me.

But fear not, there is something even more valuable that you can gift each and every day and that my friends, is the gift of grace.

I’m not talking about grace of movement — you know those graceful people that seem to glide across the dance floor or across the playing field.

I’m talking about the grace of favor that may not be earned.

Giving someone something like forgiveness when they do not deserve it.

You can leave a legacy with money, but you know you can also live your life each day giving others the gift of your love, the gift of forgiveness — gifts of intangible value.

Gifts that create a life that will matter to those who are in your circle of influence.

Create your legacy today!

Kristina Hess Haymes

San Diego Trust and Probate Attorney

2012 is a good time to be generous!

We are in year 2 of the two-year estate tax “Band Aid” law passed on December 17, 2010 (the Tax Relief Unemployment Insurance Reauthorization, and Job Creation Act o f 2010).  The 2010 Act increased the Estate Tax Credit to $5 million.  Anyone who dies in 2011 or 2012 can pass $5 million to their loved ones tax free.

In addition, it increased the amount that you can gift or make a generation skipping transfer to the same high figure of $5 million.

That’s the good news.

The bad or uncertain news is that this law expires at the end of this year, or on December 31, 2012.

Thus, your window to take advantage of the $5 million gift credit is running out.

In many situations, it makes sense to give your loved ones money and/or assets during your lifetime as opposed to after you die.

The gift tax (typically 35%) is likely to be lower than an estate tax.

In addition, if you gift a partial interest, then, the value of the gift can be reduced because a partial interest is worth less than the whole.  In other words, a partial interest is subject to a valuation discount because a partial interest cannot easily be sold (it lacks marketability).  Or, if you transfer a non-voting interest in a LLC, there is a valuation discount for lack of control.

For wealthy people. the 2010 Act cannot be overlooked.  Each individual can use the $5 million gifting credit to gift up to $5 million during one’s lifetime.

John and Sally, for example, of La Jolla, California have an estate worth roughly $20 million.  Understanding that the estate tax credit is scheduled to go back down to $1 million on January 1, 2013, they decide to gift $5 million each to each of their two children into irrevocable trusts.  When John and Sally die, they will have no estate tax credit left, but chances are slim that the estate tax credit will remain as high as $5 million.  This is the highest level it has ever been in US history.

Some people may be reluctant to make such a large transfer, however, you can use a smaller amount and take advantage of this large estate, gift, tax year.

Other options include Charitable Trusts, and Grantor Retained Annuity Trusts (GRATS).

The important thing to keep in mind, is you have 3/4 of a year to get this done.

2012 is a good time to be generous.

Create Your Legacy Today!

Kristina Hess Haymes

DISCLAIMER, this blog is not intended to provide legal advice, but general information.  We do not have an attorney client relationship and you should seek the advice of counsel and tax counsel prior to making any gifts or executing any estate planning documents.

The unthinkable happens…. someone you love is gone well before what you thought was “their time.”  It happened to me.  My dad was 66 when he died suddenly on a fishing trip in Alaska. Sure, he was a “senior citizen” at that point, but I thought I had more time with him.  I wasn’t ready to say good bye.  Fortunately, my dad had established a living trust with a local San Diego trust attorney years earlier, so we did not have to go through San Diego Probate Court, or Vista Probate Court.

Unfortunately, the unthinkable happens to people I know everyday.

So, what do you do when your mother or father, or another loved one dies suddenly?

Maybe your San Diego parent had been “meaning” to get around to putting an estate plan in place.  Maybe they had tried to “do it themselves” but never got around to finalizing the details.   I am sure they had the best of intentions, but maybe now you are sitting here reading this post, trying hard not to panic, asking yourself, “What NOW??”

Step 1, Contact a San Diego Probate Attorney like Kristina Hess Haymes

Contact a San Diego Probate Attorney.  Here, at Haymes Law Group, we can help you navigate this difficult and painful time.  Don’t panic, help is a phone call away.  Kristina will skillfully and compassionately help you through this time.

Step 2, Prepare an Inventory of Assets

The first thing you have to do is gather an inventory of assets.  Did your mom or dad own a home?  Did they have retirement accounts, bank accounts, stock, bonds, brokerage accounts?  Did they own rental properties, or businesses?

I love January.  I write this every January it seems.  But, I particularly love January this year because after last year, a clean slate, fresh start, and new beginning is more refreshing than ever!!

So, as a San Diego will and trust attorney I am writing to you about getting your legal house in order.

Has getting a will, child guardianship plan, and/or living trust been on your list of things to do for awhile now?

Is getting your legal affairs in order on your list of new year’s resolution?

Or maybe, you just had a new baby, and you are overwhelmed by this and cannot even entertain the thought about someone else raising your precious baby.

Maybe you have been meaning, wanting, thinking about getting your legal affairs in order but you just haven’t gotten around to doing anything… yet.

Well, no time like the present.

Make good on your resolution to make sure you will, trust, and other legal planning documents are in order.

Maybe you need a kids protection plan, so that your precious child were never to end up in the arms of strangers and those you love would be able to easily take him/her if an emergency arose and the authorities wouldn’t get involved.

Maybe your San Diego living trust is out of date, your assets have changed, your life has changed, or the law has changed and you need to make it up to date.

Whatever, the case, here’s your gentle nudge to make good on your resolution.

Ask me for your free new year’s gift if you come see Kristina Hess Haymes during January!

Estate Planning for life!

Made easy, comprehensive and also to create a legacy that lasts through video recordings!

Kristina Hess Haymes