Marc admitted that he hated Estate Planning courses as a law student. He preferred the energy of litigation which is where started. Until he had children and wanted to develop an estate plan. He was not comfortable with his peers he interviewed in his field in the field so he went back to his law school books and studied up. He became enthusiastic, realized that estate planning focused on passing on aspects of life, not death.
He changed the focus of his practice and developed to Estate Planning. His presentation is to inform the public of several essential elements that are the beginning of an estate plan:
- A WILL that outlines final wishes. He emphasized its not for our comfort, but for our loved ones.
- POWER OF ATTORNEY to manage your assets if you are unable to. Statistics show one in four will experience some need for assistance in their life time.
- HEALTH CARE DIRECTIVE – someone trusted to guide health care providers if we are unable to.
- FOR MINOR CHILDREN short term i.e. immediate guardians and long term guardianship should be determined. If there is not an immediate/short term guardian designated, the children could go to Foster Care for several days while arrangements are made.
- Your HOME TITLE needs to be correct to avoid probate and avoid unnecessary capital gains tax. The most common home title in California ensures probate.
- ASSET SPREADSHEET which can be done by the client but should list WHAT, WHERE, WHO is involved/in charge and the APPROXIMATE VALUE. Assets can not be moved into a family trust if they are not known and currently $9 Billion in unclaimed assets and going to the State of California.
- Consider a PERSONAL LEGACY. He gave examples such as writing a statement on each birthday for your children, and keep it – they will not be interested until later in life. Or a legacy video expressing your values.