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Picture of tablet offering self isolating guidance for COVID-19

Many of us are facing uncertainty and tough times as COVID-19 has forced much of daily life to look different for the time being. Many are working from home for the first time; students are engaged in distance learning; and some of us are taking care of loved ones and friends.

GFLF appreciates and respects the health and safety precautions we should all take to mitigate the spread of COVID-19. While I greatly enjoy meeting with all of my clients, for the immediate future all of my services can still be provided—in full and without any change in quality—through phone calls, emails, and video conferencing. I’m also still offering free consultations and would love to chat about your estate planning, charitable giving, or nonprofit needs.

While I’m certainly not a health care professional, I want to help our heroes on the frontlines of this virus by sharing important information. Over the past couple of weeks, I’ve seen some informative graphics and have included some of my favorites below. If you have important Iowa-specific information, especially related to charitable giving or nonprofit organizations, please don’t hesitate to share with me on Facebook, Twitter, Instagram, or email.

Stop the Spread of Germs image

Hand Washing Image

how do I prepare for coronavirus and lists steps

What community spread means

Coronavirus Disease 2019

Coronavirus Disease Handwashing

Stop the Spread of COVID-19

cutting into a pie

Pi (π) is the ratio of a circle’s circumference to its diameter. Pi is a constant number, meaning that for all circles of any size, Pi will be the same. (It’s also a great day to deliver pie to Gordon Fischer Law Firm…any kind will do!)

Like geometry, in estate planning there are many variables, and some constants, too. Ironically, one of the constants in estate planning is change. And as your life and circumstances changes, your estate plan needs to change too.

Change & Your Estate Plan

Let’s assume you’ve gone to an estate planning lawyer, and you have (at the very least) the six “must have” estate planning documents. That’s great, well done. (You can read all about these six documents here.).

But remember you also need to keep these documents updated and current.

Major Life Events

If you undergo a major life event, you may well want to (re)visit with your estate planning lawyer, to see if this life event requires changing your estate plan through different provisions, tools, and strategies.

What do I mean by a major life event? Some common such events include:

  • The birth or adoption of a child or grandchild
  • Marriage or divorce
  • Illness or disability of a spouse or beneficiary
  • Purchasing a home or other large asset
  • Moving to another state
  • Large increases or decreases in the value of assets, such as investments
  • If you or your spouse receives a large inheritance or gift
  • If any family member or other heir dies, becomes ill, or becomes disabled
  • Launch or closure of a business

This is just a short list of life events that should cause you to reconsider your estate plan; there are many others.

Changes in goals

It’s not just life changes, though. It may be that your overall goals for your estate plan have changed over time. You may want to change the amounts of inheritances. As your financial situation changes, you may want to increase or decrease, your charitable bequests.

Laws are dynamic and changing

And, it’s not just changes in your own life you need to think about, either. Congress, the Iowa legislature, and the courts are constantly changing the laws. When the rules change, so too must your estate plan.

Meet the Donor Family

To illustrate when estate plans should be updated, let’s look at the Donor Family. Jill and Dave have been married for 25 years and have four grown children. They executed a common-sense estate plan a few years ago.

Since that time, the Donors have gone through many changes, as you would expect, and as all families have. Should Jill and Dave update their estate plan to reflect changes in their family’s circumstance? Consider the following:

Divorce

One of the Donor kids filed for a divorce from his wife. Jim and Carol need to update their estate plan since they decided they now want to exclude the ex-spouse as a beneficiary.

Changes in financial status

Jill’s uncle passed away and left her a great deal of money. The Donors need to determine how this inheritance will affect their current plan and future estate tax liability. The Donors may want to be more generous to their favorite charities. They may want to talk to their estate planning lawyer about charitable giving through a planned gift, such as a charitable gift annuity or charitable remainder trust.

Birth

Our example couple’s youngest child recently announced that she and her spouse are expecting their first child. Jill and Dave must update their estate plan to provide for the new grandchild.

Major changes in health

The Donor’s youngest child was in a serious car accident, which resulted in severe disability. He can no longer work and is receiving government disability benefits. The Donors will want to seriously consider setting up a special needs trust. This type of trust will allow a beneficiary to receive inheritances, without it being considered income by the government for qualification purposes.

New real estate outside Iowa

Jill and Dave recently bought a vacation home in Arizona. The vacation home may well be affected by Arizona laws. In any case, the Donors’ estate plan should reflect this new asset.

vw bus in arizona

As you can see the Donor Family has many reasons to revisit their estate plan, and more than likely, so do you! In between bites of your favorite pie, review your current estate plan to make sure its current. (If you still need an estate plan, the best place to start is with my Estate Plan Questionnaire.) Additionally, I can always be found at gordon@gordonfischerlawfirm.com and 515-371-6077.

Fancy estate planning pen on notebook

Estate planning documents express your wishes in the event of your disability or death. However, estate planning documents must follow certain formalities to be legally enforceable. If your estate planning documents lack these formalities, they may not be enforceable, which could be disastrous for your loved ones and beneficiaries.

Iowa Requirements

Keep in mind estate planning requirements vary state by state. Let’s look at a Last Will and Testament, just one of six “must have” estate planning documents every Iowan needs. For a will to be valid in Iowa, it must comply with these requirements:

  • Maker (testator) must be at least 18 years of age or married;
  • Maker must be of “sound mind”;
  • Will must be written;
  • Will must be signed by maker in presence of at least two competent witnesses, at least 16 years of age, who also sign in presence of maker and each other; and,
  • Maker must tell the witnesses it is his or her will.

Formalities Matter

It is important to have a reputable legal professional handle your estate planning. If you don’t, you risk missing one or more legal formalities, which might make your entire estate plan worthless. For this reason, avoid creating a will, or for that matter any estate planning documents, through an online service.

Starting an estate plan may seem like a daunting chore, but it doesn’t have to be. The easiest place to start is with my free, no-obligation Estate Plan Questionnaire. Of course, you may always reach out to me at any time with any questions or concerns.

Someone pointing into the sunset

Estate planning allows people to elect tools and strategies that makes life for their loved ones as uncomplicated as possible following death. Almost everyone I work with wants to ensure their family members are set up for success.

Dad holding daughter

One such estate planning tool to accomplish this is the handy dandy trust. There are almost limitless different types of trusts; trusts may be classified by their purpose, duration, creation method, or by the nature of the trust property. For instance, there is the fairly common “animal care” or “pet” trust. You can also place almost any asset imaginable in a trust.

For some parents looking to help a son or daughter (minor or adult) with special needs, a trust can be a powerful avenue to continuing to support the loved one. (In this trust situation the child would be the beneficiary of the trust, the parents would be the settlor, and a trustee would be assigned.) Why? In general, the idea is that a special needs trust can use estate assets to enrich and enhance the child’s life while maintaining the individual’s viability for enrollment in public benefits programs. Examples of assistance programs can include Supplemental Security Income (SSI), Medicaid, subsidized housing, and vocational rehabilitation, among others.

Specifics of Special Needs Trust

Smart estate planning for special needs ensures that the parts of the estate which pass on to the individual with special needs are NOT considered an “available asset” by the associated agencies that disperse essential benefits. Many people make the mistake of leaving assets to a loved one with a disability through a will. This is problematic because acquiring assets, such as a significant lump sum of money, can disqualify your loved one from certain government assistance programs. By setting up a special needs trust, instead of solely using a will, you can avoid these issues. How? Because the trustee has total control over the management of the funds, and the beneficiary does not, government program administrators, like the ones from SSI and Medicaid, don’t “count” the trust assets when considering eligibility.

Beyond protecting the beneficiary’s eligibility for public benefits a special needs trust can also:

  • offer assured lifelong money management for the child; and/or
  • establish a pool of available funds in the future event that public benefits should be restricted or revoked.

Careful Drafting Required

It’s important to remember that details of each special needs trust will vary depending on factors like the beneficiary’s age, competency, and familial situation. Also, because of the complexities involved, special needs trusts require extremely careful drafting. So, If you’re even considering establishing a special needs trust as a part of your estate plan, it’s definitely necessary to speak with an experienced estate planning professional to make sure all of the nuances of the trust are executed properly.

Don’t hesitate to contact me with questions via email (gordon@gordonfischerlawfirm.com) or on my cell phone at 515-371-6077.

headphones and pink flowers

Speaking of the most romantic holiday of the year, I’ve really LOVED writing the #PlanningForLove series in the lead up to Valentine’s Day this year. We’ve been able to cover some super important aspects of an estate plan and how, oddly enough, estate planning is one of the ultimate expressions of love.

I have no doubts that after reading posts on how you can show love to your spouse, pets, and even yourself through estate planning you are ready to take the first step and fill out my (free) Estate Plan Questionnaire. Thinking about your estate’s executor, beneficiaries, and charitable bequests can only be made better with a special Gordon Fischer Law Firm Valentine’s playlist. (You can also check out my other estate planning-inspired playlist while you’re at it!)

What are your favorite love songs of all time I should add to this playlist? Let me know in the comments below. (Also, I apologize if “My Heart Will Go On” is now stuck in your head.) Want to discuss your estate planning options? Don’t hesitate to contact me via email or phone (515-371-6077).

cute puppy

In the lead up to Valentine’s Day, I’m exploring here on the blog how love can translate to estate planning. Thus far we’ve covered the best V-Day gift to give your spouse, advice on where to store your estate plan (and it’s not a chocolate heart box!), and how an affinity for football makes understanding estate planning easy. Romance and gift guides aside, this #PlanningForLove series would be incomplete without featuring the love for your pet.

Let’s be for real for a minute. The relationships we have with our pet(s), be they a dog, cat, amphibian, pocket piglet, parrot, or pony are some of the most comforting and consistent. Who else will lick your face, eat snacks out of your hand, demand belly rubs, or get the most Instagram likes? Our pets are a part of our family and it only makes sense to include them in estate planning documents and decisions concerned with the continued care for our loved ones.

cat with flowers

The best way to include your furry and feathered friends in your estate plan is with an animal care trust (sometimes known as a pet trust). This is a special kind of trust different from a living revocable trust or an inter vivos trust. An animal care trust specifically provides for the care of your pet in the event that something were to happen to you. In the trust you’ll likely want include the following information:

  • Sufficiently identify your pets and include a provision that describes your pets as a class through phrasing such as  “the pet(s) owned by me at the time of my death or disability.”
  • Describe your pet’s standard of living, care, and include any regular and special instructions. You can get as specific or general as you want at this point. For example, if your bird only likes a particular brand/type of food, or your dog thrives when she plays catch once a day, this can be specified in a trust agreement. If you want your pet to visit the veterinarian for check-ups three times a year, this can also be written in.
  • Determine the amount of funding that’s needed to adequately cover the expenses for your pet’s care. Generally, this figure can’t exceed what may reasonably be required given your pet’s standard of living.
  • Designate a trustee, caregiver, and remainder beneficiary. Also, designate successor trustees and caregivers if for some reason either becomes unable or unwilling to fulfill their role. The remainder beneficiary is who receives the trust assets if trust funding outlives the beneficiary (your pet).
  • Specify how the funding should be distributed to the caregiver from the trust.
  • Provide instructions and wishes for the final disposition of your pet (for example, via burial or cremation).

Check out and feel free to share this infographic with your fellow pet parents. (Click here to see the pdf version.)

gordon fischer law firm animal care trust

Valentine’s Day is coming up, so let’s discuss how to show your continued love for your pets, even if something unexpected were to happen to you. Contact me via email or phone (515-371-6077).

neon LOVE

One major way we can show our loved ones how much we care about them is by making our wishes known for when we’re no longer there to tell them. Estate planning is one of the best ways to do that, especially concerning wishes regarding what’s to be done with the physical body after death. One of the six main documents a part of any estate plan is called the “disposition of final remains.” In this document, you can detail how you want your body to be treated after you pass away, along with any ceremonial aspects. You may be as specific or as general as you wish.

If you’ve ever had someone close to you die and have been tasked with making arrangements for the wake, funeral, and burial or cremation (or otherwise), you know it can be difficult. Not only are you dealing with heartache and grief of losing that loved one, but now you’re also dealing with the organizational aspects of death. If you die without an estate plan, and without clear instructions in a disposition of final remains document, you’ll be leaving your loved ones with a headache on top of the inevitable heartache. The ambiguity surrounding final remains can lead to fighting between family members if they disagree over what would be best. That’s why taking the time to think through your final services is a wonderful gift and a great way to show your loved ones how much you care.

Let’s go through some of the basics related to this important, valuable document.

What Does “Final Disposition” Mean Anyway?

Final disposition sounds, well, conclusive. Indeed, this is about what you ultimately want to be done with your physical body following death and can include burial (sometimes referred to interment), cremation, removal from the state (if you want to be buried in a different state), and other types of disposition. You may also detail if you wish, a funeral or other type of ceremony (maybe even a party) to be held. If you’ve purchased a burial plot or want to be laid to rest in the family mausoleum, you would include those details here.

Choose a Designee

In the disposition of final remains document, you can designate one or multiple adults to assume responsibility for carrying out your wishes, similar to how you designate an executor to carry out the wishes as written in your will. Your designee (or designees) can be whomever you choose, just be sure to speak with them to make certain they are comfortable and accepting of the role.

Of course, the designee must be a competent adult. The Act also allows for alternate designees to be named in the event the primary designee is unable to act. The Declaration is not allowed to include directives for final disposition of remains and arrangements for ceremonies planned after death.

If something were to happen to you without a disposition of final remains document in place, the surviving spouse (if there is one) assumes the role as designee. If there is no surviving spouse, then the designee role passes to any surviving children. If there are no surviving children then the role would pass to the parents of the decedent, then grandchildren, surviving siblings, and finally surviving grandparents.

Can I Change My Mind?

Your wishes may change over time and that’s OK because the disposition of final remains is revocable. That means you can change your designee if one becomes unable or unwilling. (Regardless of whether or not you want to amend your disposition of final remains document, you should review your estate plan annually to see if any major life events require updates.)

How do I Start?

Because the disposition of final remains document is a key part of your estate plan, it’s best to get started with my free Estate Plan Questionnaire. Questions or want to discuss your personal situation? Contact me at any time via email or phone (515-371-6077).

Pop the popcorn, uncork the champagne, and put on your best red-carpet duds to tune into the 92nd Academy Awards tonight! In between award envelopes and amazing performances, consider how your 2020 Oscar ballot has some surprising connections with estate planning. It may sound like a stretch, but hear me out while you watch the pre-show coverage.

Anything Could Happen

If you’re a film buff who has managed to watch all nine of the Best Picture category nominees (first off, I’m jealous), you may have a strong opinion about which one deserves to win. However, just like life, anything could happen! You may bet that 1917 most certainly will be victorious, but in the end, You know one of the films will win, just like you know someday you’re going to pass away. However, you cannot know which one of the films will win ahead of time, just like you cannot know how and when your final scene will be.

Expecting the unexpected is what estate planning boils down to. With something fun and entertaining like the Academy Awards, surprises can make for ready Oscar party fodder. But, when it comes to your estate—all of your assets you worked hard to acquire—surprises can make for frustration and confusionin fighting for your family, extended probate time and fees, and assets being distributed in a way that you wouldn’t have chosen.

Estate planning allows you to make certain your loved ones and the charities you care most about “win,” regardless of when you pass away.

It’s All in the Family

Some of the films nominated this year have familial relationships as a central plot device in the scripts. For instance, the Greta Gerwig take on the Louisa May Alcott classic, Little Women, explores the relationships between four sisters, each unique in their talents and interests, from childhood through young adulthood.

The scenes of Jo, Amy, Meg, and Beth remind us that people are considered minor children until they turn 18, and parents should have guardianship defined through their estate plans. That way, if something were to happen to the minor’s legal guardian(s), they could be immediately placed under the care of another trusted adult. Unless guardianship has been established, the Iowa Courts must choose guardians for the minor child if the legal guardian died or was incapacitated. Unfortunately, with no clear choice as to what the former caregivers would have preferred, the Court must basically make its own and best determination as to who the parent(s) would have preferred and what would be in the best interest of the children. The Court may or may not, choose who the parent(s) would have actually named.

Leave a Lasting Legacy

Some of the greatest films of all time have won the “Best Picture” category and left a cinematic legacy that has lasted well beyond their premiere date. These movies and the stories they tell live on in infamy, as generation after generation experiences their contribution to the entertainment industry. Indeed, the plot of the nominee Ford v Ferrari explores what kind of lasting reputation a team can build in their attempt at besting the dominator of the day.

Perhaps one or more of the 2020 Best Picture nominees will join this upper echelon of cinema (and maybe not), but estate planning also allows you to also make a mark on your world—a chance to leave a lasting legacy. A legacy can be interpreted differently by different people. A legacy to you could mean leaving a sizable charitable bequest to your church or alma mater. It could also mean bequeathing your art collection to your favorite museum. It could mean establishing college funds for all of your children and grandchildren to represent your belief in continuous learning. Whatever you envision your legacy to be, an estate plan will allow you to shape it…think of it as your own star on the Hollywood Walk of Fame!

hollywood walk of fame star

Retain Your Control

Power is a common theme in some of the films nominated this year. Whether it’s the Joker with its implicit theme on how the power of kindness can change the cycle of bad events for someone or De Niro in The Irishman detailing the inner politics and power grabs of the mob, there is something to be said for retaining control over your assets. I like to tell my clients that estate planning really just allows you to direct who inherits what, when, and how. For most folks, they want to choose where their hard-earned property goes, not the government via Iowa’s intestacy laws.

I’d love to hear your take on films nominated this year, but I’d also like to discuss your estate plan! Don’t hesitate to contact me via email or by phone (515-371-6077). You can also get started on the creation of an estate plan by filling out my free, no-obligation Estate Plan Questionnaire.

single pink carnation

Here on the GoFisch blog we’re covering how estate planning and love are two things that go together like hugs and kisses, red wine and chocolate covered strawberries, cute cards, and candles…just in time for Valentine’s Day!

If the sight of Valentine’s Day cards, heart-shaped candy, and overpriced stuffed animals give cause for an eye roll, you’re not alone. But, there’s no doubt that underneath all the conversation hearts that a holiday about love is worth celebrating…especially if it’s self-love. At the end of the day, there’s no greater love than the one you can cultivate for yourself.

Couples get a lot of attention on Valentine’s Day—from the overpriced card aisle to the heart-shaped chocolate boxes that are clearly the only way to tell someone “I love you.” But, the pink, red, and white modern iteration of the pagan fertility festival Lupercalia can take many forms including making it a day of “treat yo’self.” If you’re single, or simply are in need of a day to celebrate and connect with how awesome you are, Valentine’s Day need not be a day to exalt romance, but a holiday to celebrate love for yourself.

In terms of celebrating yourself, executing an estate plan is a natural fit. Why? Because estate planning allows you the chance to determine the direction of your legacy even after your physical life has passed. This principle can easily be remembered with one simple phrase: Give whatever I have to whomever I want, the way I want when I want.

That’s a celebration of your life if I’ve ever heard it—decisions that guide your hard-earned property and assets into the hands of beneficiaries whom you care for. Estate planning also saves your loved ones’ time, money, and the arduous intestate probate process. Don’t forget that estate planning can (and should) be personalized to entirely fit you! Have a best furry friend? You may want to consider an animal care trust. Have you invested in a fledgling art collection? You’ll want to review your three main options for art disposition. Own your own business? You’ll want to look into a trust and a business succession plan.

So, treat yourself to a nice bottle of wine, a delicious dinner, maybe even a day at the spa, but also download my Estate Plan Questionnaire. You deserve to celebrate yourself, your life, and your work. Questions? Want to talk about the individualized aspects of your estate plan? Don’t hesitate to contact me.

As Valentine’s Day approaches you’ll see all kinds of gift guides telling you if you get these gifts, your significant other will love you that much more. I’m here to present a different kind of gift guide: one with important gifts that you cannot buy from a store. These gifts are all a part of estate planning in one way or another. At this point, you’re thinking what does some legal/financial thing like estate planning have to do with a holiday that celebrates love? On the outset, not much. But, dive into the reasons behind proper estate planning and most often I find love is at the foundation for most folks.

man with bouquet of roses

Read on for a gift guide you definitely won’t find in a magazine!

For your Spouse: Review your Beneficiary Designations

Your estate plan is essential for the majority of your assets, but it doesn’t cover some important accounts that are passed along via beneficiary designations. Such accounts can include savings and checking accounts, life insurance, annuities, 401(k)s, pensions, and IRA accounts. Whoever is listed as the beneficiary on these accounts overrides what’s written in a will (if the two are different). That means keeping these beneficiary designations are super important. Let’s say you listed your first spouse as a beneficiary on your life insurance, ended up getting divorced, got remarried to a great person you have many happy years together and then you pass away. Unfortunately, you never changed the beneficiary designation and the ex-spouse inherits the money. More than likely you would have wanted the account assets to go to your current spouse. (More valuable than some heart-shaped Valentine’s jewelry, right?!)

It’s good practice to review all of your beneficiary designations if there have been any life events that would necessitate a change, addition, or update, such as a birth, death, or change of capacity in a beneficiary.

For the Entire Clan: Talk About your Estate Plan Decisions

It’s important to discuss your estate planning decisions with your family members both before and after the plan is executed. In drafting the estate plan you’ll need to indicate to your qualified estate planning attorney whom you’re entrusting the important roles of executor, attorney-in-fact, guardian, and other designated representatives to. Before naming someone in a legal document you should discuss the role with them first to be sure they are willing, able, and informed to the duties of the role.

strand of hearts

After the estate plan is executed you’ll want to discuss your estate planning decisions with loved ones, family members, and beneficiaries, especially when your choices may take them by surprise. How can a discussion be a gift, per se? Explaining your wishes is a way of expressing your love by heading off any confusion your family and friends may feel upon needing to execute your plan.

This is yet another reason to have an attorney draft your plan—your estate planner can help you communicate your wishes to your loved ones.

For your Kiddos: Nomination of Guardian

This is the kind of “gift” your child(ren) will hopefully never need to experience. One of the most critically important features of an estate plan is establishing guardianship for any minors (i.e., children under the age of 18) in your care. Why? In the tragic and terrible chance that something was to happen to you resulting in immense incapacitation or death, who do you want to care for your children? Nominating a guardian in your will allows you to select the people you know will love, care, and lookout for the best interests of your child.

Unless guardianship has been established, an Iowa Court must choose guardians. Unfortunately, with no clear choice as to what the former caregivers would have preferred, the Court must basically make its own and best determination as to who the parents would have preferred and what would be in the best interest of the children. The Court may or may not, choose who the former caregivers would have named.

For your Favorite Charity: Charitable Bequest

Valentine’s Day doesn’t just have to be mean about personal relationships! It can also be a day for sharing the “love” for charities you care deeply for. In making or updating your estate plan think about what charities are near and dear to your heart? Which organizations and how much would you want to leave for them? You can include your church, alma mater, local cause, or international organization in your estate plan as beneficiaries. It doesn’t cost anything extra, other than assets from your estate. Want a clearer picture of how a charitable bequest could help your favorite charity? Talk to the nonprofit’s leaders or fundraising staffers. I’ll bet they’ll tell you the result of your charitable bequest, no matter how big or small, can make an important impact.

Love can take on many forms and express itself through many different types of gifts and actions that show you care. Choose this Valentine’s Day to express your affection (be it for a significant other, your children, or a charity) with a “gift” that shows a clear investment in the relationship. And, speaking of amore, I would love to discuss any aspect of this gift guide with you! Contact me at any time.