3 Common Estate Planning Myths Debunked

Posted by admin on September 25, 2023

Estate planning is a crucial aspect of planning for the future. Many individuals tend to overlook estate planning due to its association with contemplating one’s mortality and organizing one’s affairs. However, in today’s world, an increasing number of people are recognizing the importance of ensuring their affairs are in order to ease the burden on their loved ones. According to Caring.com, a leading online destination for caregivers seeking information and support as they care for aging parents, younger Americans are now 63% more likely to have an estate plan in place compared to three years ago. In this article, we will debunk some common myths surrounding estate planning.

Myth 1: Estate Planning Is Only for Wealthy Individuals

This misconception often arises from the term “estate” being linked to large properties and extensive assets. However, in the context of estate planning, “estate” encompasses all your personal affairs that need attention after your passing. This can include your financial resources, property, assets, and even legal guardianship over others. Additionally, it pertains to any legal obligations, responsibilities, or details associated with your name.

After your passing, all these elements must be addressed, resolved, distributed, or supervised. Failing to engage in estate planning can lead to unnecessary complications for your family. Therefore, engaging an estate planning lawyer now is a considerate step toward ensuring your family’s well-being.

Myth 2: I Don’t Need an Estate Planning Lawyer

Many individuals make the grave error of assuming they can avoid the expense of hiring a lawyer for estate planning. However, the realm of estate planning and asset distribution is intricately entwined with numerous legal intricacies. To ensure that all aspects are adequately covered, you require the expertise of a knowledgeable estate planning lawyer.

Myth 3: Estate Planning Is Only for the Elderly

The truth is that estate planning is relevant for individuals of all ages. No one can predict when they will pass away, making it advisable to address this aspect of your financial and personal life as early as possible. Early planning allows for periodic reviews to accommodate life changes such as marriage or the birth of children. A skilled estate planning lawyer will guide you through these adjustments.

If you are seeking a local estate planning lawyer, please do not hesitate to contact Ketlinksi Law Office, PLLC. We would be delighted to assist you in this crucial matter.

How to Talk to Loved Ones About Estate Planning

Posted by Ty Ketlinski on July 21, 2023

Talking to a loved one about estate planning can be a challenging and emotional topic. Many people don’t like to discuss the topic of a loved one’s mortality, but it’s essential to ensure that your loved one’s estate is handled exactly how they would like. Follow these tips and tricks when discussing this topic.

Pick a Time and Place

There’s a time and place for everything. Taking your loved one to an estate planning lawyer and expecting them to be open to the conversation immediately is not the way to do that. Instead, choose an ideal time, such as mid-afternoon. This should be a private conversation, not one held in a restaurant or at a family get-together. Consider meeting with a family member at their home for brunch to discuss that it’s time to start estate planning.

Always Show Compassion

Talking about estate planning forces someone to confront their own mortality. This can be challenging and upsetting for anyone who has not yet faced this inevitable fact. Because of that, it’s essential always to show compassion. Be considerate if a loved one is not ready to discuss the topic, and ensure you work with a compassionate estate planning lawyer. You don’t want this to be an upsetting time.

Don’t Mention Inheritance

When planning an estate with a loved one, asking about your or other people’s inheritance can be tempting. You may want to discuss the details of that and give your opinions. However, it’s important to remember that this should be your loved one’s decision. Instead of asking about inheritances, encourage them to sit with an experienced attorney or unbiased party to discuss them.

Outline Its Importance

Instead, it’s essential to focus on how important estate planning is. Remind your loved one that everyone should take the time to plan their estate properly. This applies to everyone of every age because we never know what will happen. Proper planning can instantly resolve family disputes long before they happen. Mention statistics to show them the importance. For example, according to LegalZoom, 77% of American adults believe that estate planning is important for everyone, regardless of their wealth.

Working with an estate planning lawyer can help you learn how to broach this topic with a loved one. We have a team of dedicated, compassionate professionals that will work with you and your loved one. Contact us at Ketlinski Law Office, PLLC if you need help discussing this delicate topic.

5 Reasons Estate Planning Is Good for Your Mental Health

Posted by Ty Ketlinski on May 15, 2023

Estate planning is an important part of life that a lot of people ignore. According to LegalZoom, only 18% of Americans over the age of 55 have an estate plan. Here are five benefits you can enjoy when you hire an estate planning attorney.

1. Avoid Family Problems

Disputes among family members are common when an estate is being settled, but it doesn’t have to be that way. When you have a will and a thorough estate plan, you can designate beneficiaries so nobody has to fight over what they’re getting from your estate.

2. Protect Young Children

The loss of a loved one can be especially difficult for young children and the guardianship process can be complicated. Designating somebody as the legal guardian of young children in the event that their parents pass can make things a lot easier.

3. Take Care of Everything Beforehand

You don’t want to spend some of the last days of your life figuring out your estate plan to make things easier for your family. Taking the time to work with an attorney now means you don’t have to worry about estate planning later on. This allows you to focus your energy on spending time with loved ones.

4. Protect Beneficiaries

There are a lot of potential issues that can arise when it comes to settling an estate. An estate planning attorney can help prevent your family members from having to pay expensive lawyer fees. You can also make a plan to minimize the taxes your family has to pay on your estate.

5. Enjoy Peace of Mind

With everything going on in life, it’s easy to worry. Stress can cause a lot of physical and mental health problems, so planning your estate is a good way to enjoy some peace of mind while you’re still healthy. There’s no reason to waste time worrying about what could happen. You don’t have to with a good estate plan!

So many people go through life without an estate plan, but even a simple estate plan can save your family and loved ones so much trouble. If you don’t have an estate plan, call Ketlinski Law Office, PLLC to connect with an estate planning attorney to start working on your will.

Why Young People Are Interested in Wills

Posted by Ty Ketlinski on March 8, 2023

According to Caring.com, individuals in the 18 to 34-year-old category are more likely to have a written will compared to individuals who are aged 35 to 54. This is interesting and may have you wondering why younger people are working with estate planners. Read on to learn some of the reasons why this is the case.

The COVID-19 Pandemic Caused Young People to Face Uncertain Health

One of the reasons why young people have become more interested in wills is because they faced the COVID-19 pandemic. When the pandemic first started, no one knew how many people would be affected and why certain people would face worse symptoms. As such, many younger individuals started to learn about and draft wills in order to be properly prepared.

Young People Have Experienced Fallout From Their Loved Ones Not Having a Will

Another reason why younger individuals are becoming more interested in wills is that they may have seen or personally experienced the fallout when a loved one died without a will. Dying without a will can cause a lot of turmoil in a family, as family members fight over money and possessions. These types of cases can wind up in court, where lawyers can get the bulk of the estate and leave the family with very little. Younger individuals who have lived this know the importance of creating a will.

Young People Want to Choose Where Their Money Is Going to Go

The final reason why young people are becoming more interested in wills is that the younger generation may leave their estate to an organization or foundation, instead of their family. This is especially true with younger individuals who don’t have a partner or any children. Leaving a will allows the individual to state what happens to their belongings if they pass away without a spouse, partner, or children.

Everyone should have a will. A will helps to ensure that your possessions, including your bank account, home, car, jewelry, art, or other belongings, are left to the individuals or groups that are important to you. A will also helps your loved one to understand what your final wishes are. Estate planners can work with you to create a will, regardless of what age group you fall into. Reach out to Ketlinski Law Office, PLLC to schedule an appointment to have a will created.

5 Questions to Ask at Your Next Estate Planning Consultation

Posted by Ty Ketlinski on February 23, 2023

What will happen to your estate after you’re gone? It can be difficult to ask yourself this question, but planning for the future is the best thing you can do for your loved ones. According to Legal Zoom, over 40% of young adults don’t know what’s written in their parents’ wills. Don’t let your family wonder about your wishes. Ask these questions when you talk to estate planning attorneys to ensure that you’re prepared for the future.

1. What’s Included in an Estate Plan?

Don’t make assumptions about what is and isn’t included in an estate plan. Check with your attorneys to confirm that your plan includes important documents. The documents that should be a part of your estate plan include a will, a living will, and power of attorney. If you have minor children, your plan should also include guardianship documents.

2. Do You Handle Probate?

When a will is contested, probate courts must approve the documents before dividing assets. Ideally, your estate planning lawyer should include probate in their practice. Working with an attorney familiar with probate proceedings can prevent your assets from being tied up in court.

3. How Will You Keep My Estate Plan Current?

Many people begin working with estate planning attorneys when they’re still fairly young. Your assets may change over time. Confirm that your lawyer can adapt to these changes and update your documents as needed.

4. Who Will Execute My Estate Plan?

The executor of an estate is the person who will carry out the wishes you’ve outlined in your will and other documents. Talk with your attorneys about how your plan will be executed. Don’t be afraid to ask them tough questions about what the estate process will look like.

5. How Will My Estate Be Taxed?

Creating an estate plan helps ensure that your wishes are honored after you’re gone. That’s why it’s wise to talk with your attorney about how taxes will affect your plan. While there’s no federal inheritance tax in the United States, some states have estate and inheritance taxes. Ask your attorney about these taxes and any taxes associated with real estate transfers.

Working with estate planning attorneys can give you peace of mind, especially if you ask the right questions. It can be hard to think about what will happen after you pass away, but tackling these problems while you’re still here is worthwhile. Contact Ketlinksi Law Office, PLLC today to schedule an estate planning consultation.

When Is the Right Time to Go Over Your Parents’ Will?

Posted by Ty Ketlinski on December 27, 2022

Estate planners often face a question that is hard to answer. Many people with elderly parents have no idea if their parents have a will and if they should ask about it. According to Legal Zoom, about 30% of people don’t know if their parents have a will. Estate planners recommend that you find the time to sit down with your parents and discuss it. Of course, the next question is, when is the right time to talk about it? Here are some suggestions.

When You Become More Responsible With Caring for Your Parents

Talking to your parents about their will is less about learning what they plan to leave you and more about their overall plans. Most estate planners that help people create a will also create other documents for them simultaneously. Documents like a health care power of attorney are often drawn up, which you need to be aware of.

During a Casual Conversation

There is never really a good time to blurt out questions about a will. It’s much better to bring it up during a conversation by using an example like, “I met with my estate planners, and they helped me to write my will. Is that something you’ve done?” By easing into the conversation, you won’t put your parents on the defense. Sharing a story about your own experience will open the door to asking questions.

Not After a Crisis Has Happened

The worst possible time to ask about a will is during a crisis. It’d be best if you had a conversation before something unexpected happened. Inquiring about a will after a medical emergency can be viewed as crass behavior by your parents and other family members.

Asking your parents about their will and other estate planning can be uncomfortable, but you should talk about it. You can take the stress out of the situation by being a good listener and doing your best to accept their plans. It’s far better to deal with the discomfort of having a conversation than to find out they didn’t plan their estate.

Learn more about estate planning and how to speak to your parents about planning their estate by connecting with professional estate planners. Get in touch with our team at Ketlinski Law Office to start planning your will now.

What’s the Difference Between Wills and Living Trusts?

Posted by Ty Ketlinski on October 25, 2022

There are key differences between wills and living trusts. For the 40% to 50% of people that don’t have wills, according to Legal Zoom, it can be difficult to understand the difference between living trusts and wills. Below are some differences that can help you decide which is best for you and your family.

Wills Are for After You Pass Away

With a will, your assets are distributed according to your wishes after you pass. With a living trust, your assets can be distributed while alive or after you die. Many wills are written with the help of family and a family lawyer and are important at any age, especially if you’re married with children.

A Living Trust May Avoid Probate

Probate is the legal process of distributing a person’s assets after they pass. If you have a will, your assets will go through probate, which can be costly and time-consuming. A living trust can help avoid probate because the assets in the trust bypass probate court. Unfortunately, many families that depend on inheritances are unaware of the probate process and how it can delay access to assets.

You May Need a Will if You Have Minor Children

If you have minor children, you’ll want to appoint a guardian in your will, which is the person who will care for your children if something happens to you. Without a will, the court will decide who will care for your children. Wills are important to prepare for an accident or other unexpected reasons for passing while your children are young. Many parents put off creating a will because they don’t want to think about passing, however, it’s one of the most important things you can do for your children.

A Living Trust May Help You Qualify for Medicaid

If you’re over the age of 65 or have a disability, you may need long-term care. This care can be expensive, so it’s helpful if you qualify for Medicaid. If you have a will, your assets may not be available to help you pay for long-term care. However, if you have a living trust, your assets can be used to help pay for long-term care without affecting your eligibility for Medicaid.

These are just some of the many differences between wills and living trusts. Speak to a family lawyer, like us at Ketlinski Law Office, for more information on which choice is best for you and how these legal documents can help you and your family prepare for end-of-life planning.

What Does an Estate Planner Do?

Posted by Ty Ketlinski on August 23, 2022

One of the most difficult realities of life is death. But it’s a topic we must confront. Preparation for passing not only gives folks peace of mind in the sunset years but also ensures that their legacy lives on after they’re gone. An estate planner is crucial in ensuring that there’s a proper transition of ownership of assets after you’re gone. According to LegalZoom, only 18% of Americans ages 55 and above have an exit plan such as a will, advance healthcare directive, or even durable power of attorney. Here’s why you should consider an estate planner to assist you with this process.

Distribution of Assets

One of the main duties of an estate planner is to determine how an individual’s assets will be preserved, managed, and distributed after their death or in the event they become incapacitated. Planning for this ensures that there’s a peaceful transition after their death. Failure to use an estate planner might lead to fights, misunderstandings, and even the failure of your estates. Instead of letting your offspring and interested parties fight for your estates, it’s wise to engage the services of an estate planner to ensure that there’s peace in the family after you’re gone.

Setting Up Trusts and Charitable Donations

Another duty of an estate planner is to set up trusts and charitable donations. You may want to put money into trusts or charitable organizations that benefit humanity. Charity donations also limit your taxes. You also should name executors and beneficiaries. An estate manager can also help you set up funeral arrangements if you don’t want to burden loved ones with funeral expenses.

Custody of Children

If you have children who are not of legal age to stay on their own, the estate manager can help you decide on who will be their guardian until they’re of legal age to move out. You can set up trust funds to ensure that your children are well taken care of in every stage of their lives. The estate planner can help guarantee that your children feel your warmth even after you’re gone.

From writing a will to finding proper ways of managing your property, an estate planner is important in ensuring that your family is comfortable after your passing. Death is a hard thing but a reality for everyone. It’s prudent for everyone to prepare for it by engaging an estate planner. Contact Ketlinksi Law Office to learn more today.

Why Do You Need a Will?

Posted by Ty Ketlinski on June 13, 2022

A will is a legally binding document that dictates who inherits your estate and how an estate planning lawyer divides it. It is a legal contract that ensures your loved ones are acting per your wishes regarding your property in the event of death. Thus, a will is a critical element of estate planning. According to Caring.com, many people between 18 to 34 years are more likely to have a will compared to people ranging from 35 to 54 years in 2021 for the first time. The following explains why you need to have a will.

A Will Speeds Up the Probate Process

When you die without a will, it can cause problems for the family members you leave behind. Without a will, your state presumes that you want to leave everything to your closest living relative, which means your spouse. If there is no surviving spouse or children, everything goes to the parents. If there is no one in your immediate family, then the next generation of children inherit everything. This process can take several months, if not years, and requires court appearances and formal paperwork. With the help of an estate planning lawyer, a will takes care of this problem.

A Will Provides Trustworthy Record Keeping

The will becomes a legal document when you work with an estate planning lawyer to write it. That means that your loved ones inherit less if they cannot prove that you did leave them everything. The probate process can be time-consuming and complicated when finding paperwork, even if the lawyer does not have any reason to suspect anything is wrong. Having a will prevents a long search for documents and allows your loved one to follow your wishes without trouble.

A Will Protects Your Loved Ones

There are several possible outcomes of dying without a will. One possibility is that your estate could be divided into smaller parts for your family. This means that each person could receive less than what they would have if you had left them money in your will. Protecting them from getting less than they deserve is another reason you need a will.

There are many reasons why you need a will. Primarily, making a will gives you peace of mind legally. It helps you split up your assets and gives your loved ones inheritances once you are gone. The document ensures that your property goes to the people or organizations of your choice when you can no longer make those decisions. If you are embarking on writing your will, contact us today. We can provide you with estate planning lawyer services to help you with this.

5 Important Reasons Why You Need Estate Planning Services

Posted by Ty Ketlinski on March 1, 2022

If you have any assets, you want to have control over what happens to them when you die. This is why estate planning is so important. By working with a lawyer and creating a plan ahead of time, you can do as much as possible to make sure your wishes are carried out. In fact, LegalZoom states that 77% of American adults believe estate planning is important, no matter how much money you have. Here are five reasons why you need estate planning services.

Protect Your Loved Ones

If you have family relying on you for financial support, you want to be sure they’ll be safe when you’re gone. Estate planning allows you to put a legal plan into action to ensure this happens. Your lawyer can help you decide on the best option.

Avoid Extra Taxes

There’s a chance that some of your assets will be taken as taxes. However, there are ways to make sure that you don’t pay more than you have to. Estate planning services can help you figure out your tax responsibilities. This will allow your loved ones to keep more of your assets, giving them more security.

Reduce Infighting

While there’s always a chance that family members will disagree on what to do, having a will should reduce the amount of infighting that happens. If you have wealth, make sure that your wishes are clear and legally validated. This will give family members clear instructions on how your assets should be divided.

Avoid Probate Court

Probate is the legal process of carrying out a will. If there are any problems with this process, the courts might have to get involved. This is a stressful situation in an already upsetting time for your loved ones. Estate planning can help them avoid this.

Peace of Mind

Estate planning is also a good way to take care of yourself. Once everything is legally settled, you’ll have peace of mind knowing that your wishes will be carried out. From there, you can relax and live the rest of your life without worrying about it too much.

If you haven’t planned out what will happen to your assets when you die, you need to do so. Estate planning services can help you through the legal process and guide you toward the best decisions for you and your loved ones. So make sure you hire someone and start the process.