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Legal Phrase of the Day: “Heirs at Law”

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Heirs at law on beach

Before I explain the concept of “heirs at law,” you might be thinking, why even bring this up? Of what relevance is this “Ye Olde Sounding Phraise” in today’s modern world?

It’s important for me to share the concept of “heirs at law” with you, dear GoFisch blog Reader, for three reasons.

  1. It helps explain why I, and other estate planners, ask so many darn questions. We need lots of info.
  2. The concept of “heirs at law” shows that you need to be open and honest and forthcoming with me, or any estate planner. Without complete transparency and truth, the estate plan runs the risk of being useless (the idea of “garbage in, garbage out” applies here).
  3. “Heirs at law” is yet another reason that a DIY will, or using an online service to produce your will, is just a terrible idea. You need an estate plan crafted by a trusted professional, unique to your special needs. Every family is different, so there can be no “one-size-fits-all” estate plan, and there are many moving parts to a comprehensive estate plan.

With that established, what does the term “heirs at law” actually mean?

Heirs at law are those folks who would inherit your property in the event you died without a will, which is called intestacy.1 It is critically important to determine who the heirs at law are, even for people not subject to the laws of intestacy (i.e., folks who have a will) for two big reasons.

  1. Heirs at law must be notified of the probate process.
  2. Heirs at law are allowed to challenge the will in probate court.

All in the (sometimes complicated) family

As I already stated, it’s a wise idea to work with your estate planner and provide all the information requested. As a practical matter, the extent of information you’ll need to provide your estate planner regarding heirs at law depends of the nature of your family and relatives. For instance, in the case of two people, married only to each other, with children only from that one marriage—then the spouse and children (and perhaps grandchildren) will be the obvious heirs at law.

In another example, a family could also constitute a remarriage with each spouse having children from previous relationships. In this case, the stepchildren would need to be adopted by the applicable stepparent to be considered an heir at law.

In other situations, the client relatives may be much more distant, requiring more fact investigation. For example, take the case of a client who is unmarried and without children. In such a situation, the estate planner will need to pay close attention to identifying other relatives.

The Importance of Discussing Your Estate with Your Family

Of course, with an estate plan you can bequeath your estate to whomever you choose. You don’t have to give anything to any of your obvious or non-obvious heirs at law or any other relative for that matter. (In colloquial terms we could call this “stiffing your relatives.”) Although with that said, you cannot choose to disinherit a spouse.

This point reiterates why the estate planner should know and have updated contact information of who are the heirs at law. Again, it’s required that heirs at law be notified of probate process and these heirs (unlike a non-relative work colleague or neighbor) also have the legal standing to contest the will in court.

Avoid the Worst Case Scenario: Litigation over an Estate Plan

Another reason the estate planner must have knowledge of the heirs at law is to ward off fraudulent claims if need be. This reason is particularly important if the heirs at law are distant relatives. (An unfortunate real-world example of this involves Prince and the complicated intestate process following the singer’s passing without an estate plan.)

Bottom line: heirs at law are important when it comes to the distribution of your estate (with or without a will). Of course, dying intestate is NOT optimal and you DO need a will for a number of important reasons. I’d love to discuss the topic over the phone (515-371-6077) or via email. Don’t hesitate to contact me at any time!

[1] Bonus word! If an Iowan dies without a valid will, they die “intestate” and the laws of “intestate” succession are used to determine who will inherit the estate.

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If You Die What Happens to your Cats?

Pets are a huge part of many families. They are there to snuggle you, greet you every day when you come home, and share so many of life’s best memories with you.

For most people, planning what happens to your loved ones, including pets, is a big contributor to sound peace of mind. In the past, probate and trust laws did not allow pet owners to provide for the care of their pets after death, however, in 1990, the National Conference of Commissioners on Uniform State Laws enacted the first pet trust statute in the Uniform Probate Code. Fortunately, the State of Iowa is one of the majority of states that have adopted a law on animal trusts, most often referred to as “pet trusts.” It reads as follows:

633A.2105 Honorary trusts — trusts for pets.

  1. A trust for a lawful noncharitable purpose for which there is no definite or definitely ascertainable beneficiary is valid but may be performed by the trustee for only twenty-one years, whether or not the terms of the trust contemplate a longer duration.
  2. A trust for the care of an animal living at the settlor’s death is valid. The trust terminates when no living animal is covered by its terms.
  3. A portion of the property of a trust authorized by this section shall not be converted to any use other than its intended use unless the terms of the trust so provide or the court determines that the value of the trust property substantially exceeds the amount required.
  4. The intended use of a trust authorized by this section may be enforced by a person designated for that purpose in the terms of the trust or, if none, by a person appointed by the court

Pet trusts include the following elements:

  • Selecting a caregiver to attend to the daily needs of your pet.
  • It is recommended to name a second caregiver, in case the first can’t adequately care for the pet or decides not to do so.
  • You can include instructions for day-to-day needs as well as overall healthcare. You can be as general or as specific as you’d like.
  • You can set aside monetary distributions, on the condition that it is used for your pet’s needs.
  • The monetary distributions may include a reward/stipend for fulfilling the caregiver role.

Animal Care Trust: Continued Care & Love for Your Pet

Let’s talk about your furry friends and how we can ensure they are provided for in case something happens to you. Give me a call at 515-371-6077 or shoot me an email at gordon@gordonfischerlawfirm.com.

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Cozy Up this GoFisch Book Club Pick: Sycamore Row

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books on a table

Hopefully, by now you have had a chance to read last month’s GoFisch Book Club pick, “Made to Stick: Why Some Ideas Survive and Others Die.” While I could complain about how the weather right now in Iowa is in a perpetual state of snow-ice-snow-wind-freezing rain, it’s actually a great excuse to curl up with cocoa and a great book. The title for this month is not a new book, but it is an enticing, mystery involving, what else, estate planning!sycamore row

Published in 2013, John Grisham’s Sycamore Row leads readers on a trip to the south in 1980’s Mississippi where a wealthy white man, Seth Hubbard, commits suicide and leaves his entire estate to his black housekeeper, Lettie Lang, instead of his two adult children, Herschel and Ramona. (I bring up the race of the characters because racism and prejudice are important themes in the novel’s setting and plot conflicts.) Sycamore Row is a sequel for fan-favorite character and fictional attorney, Jake Brigance, who was introduced to the world in Grisham’s most famous book, A Time to Kill.

Brigance is instructed by the decedent to defend his will against the inevitable controversy and litigation he anticipates will ensue. Over the course of the thriller, another will is unearthed which disposes the estate to Hubbard’s children. There are also serious questions about Hubbard’s purported testamentary capacity, as well as undue influence on the legal documents in question.

Grisham’s career as an attorney has clearly influenced his writing, and this novel offers suspense and intrigue around the topic of estate planning, while also reinforcing the importance of making a valid estate plan, keeping it updated, and discussing your decisions with your family.

What are your thoughts on Sycamore Row? I would love to hear them! Also, if the book inspires you to make certain you have a valid estate plan in place so that you can disperse your estate in accordance with your wishes, don’t hesitate to contact me! You can also get started on your estate plan with my free, no-obligation Estate Plan Questionnaire.

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Avoid the Worst Case Scenario: Litigation over an Estate Plan

Here’s the worst-case scenario: You’ve passed away and your family falls, expectedly or unexpectedly, into a tumultuous state. They all have different opinions on how your estate plan should be interpreted, and one or more beneficiaries want to contest the distributions. While everyone knows it’s all about the money, there are easily enough legal “hooks” on which to hang a lawsuit: it can be contested that there has been undue influence, document forgery, breach of fiduciary duty, or that the deceased testator was not of sound mind.

woman and man talking about litigation

Litigation over an estate plan is terrible for everyone involved. For the sake of your family’s well-being work now to avoid this problem in the future—I really cannot express this enough.

Three Best Ways to Avoid Litigation

  1. Have a plan. Having an estate plan that is carefully planned and well thought out, created by an experienced estate planner, and completed well in advance of any death or disability is the single best way to avoid litigation.
  2. Talk about it. It’s critically important to discuss your final wishes with your loved ones and beneficiaries. Clear the air now. Don’t leave it up for future interpretation.
  3. Include a clause that discourages litigation. An experienced estate planner can include a provision in your estate plan to shut out a beneficiary if s/he brings litigation. (This is also important why you need an actual lawyer to help craft your estate plan.)

I would love to discuss your individual estate planning needs; contact me via email at gordon@gordonfischerlawfirm.com or give me a call at 515-371-6077. Want to get started on your estate plan? My free, no-obligation estate plan questionnaire is a good place to start.

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Estate Sale? No. It’s an Estate Plan Sale!

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estate plan sale

WHAT IS AN ESTATE PLAN SALE?

For a limited time only (June 15 to July 15, 2017), you can receive a standard estate plan (which consists of six “must-have” estate planning documents) for only $500 (five hundred dollars). You will be billed only at the conclusion of this process, when you are executing the documents. So, obviously, you won’t pay anything until you are completely satisfied with both the plan and your understanding of the plan.

man working at desk on computer

What if you need or want, something more than the standard estate plan? Like, say, a revocable living trust? A standard estate plan, including a revocable living trust, will only cost you $1,000 (one thousand dollars). A revocable living trust accrues several benefits, including avoiding probate; saving costs, taxes, and fees; getting bequests to beneficiaries more quickly; and privacy.

I should note that either package comes with as many consultations (meetings, emails, and phone calls) with me as you reasonably feel we need to finish your estate plan. Again, you’re not sitting down to execute the documents, and so you’re not being billed (let alone paying anything!), until you are completely satisfied with both the process and the results of the process.

Gordon Fisch Estate Plan

WHY?

Why have an estate plan sale? Several reasons, actually.

To begin, the mission of my law firm is to promote and maximize charitable giving in Iowa. Straight up, the more estate planning Iowans do, the more charitable giving will occur.

Sure, not everyone who constructs an estate plan uses it to give to charities, but many do. Again – it’s simply a numbers game; the more estate planning, the more money flowing to worthwhile causes.

Also, 60% of Americans don’t have a will/estate planning. I want to help combat that statistic in Iowa. We can do better. Working together, we will do better.

Grandpa face

Finally, everyone deserve access to a secure future and a legacy. For these reasons, I’m offering very special rates.

HOW?

How much money are you saving? Quite a bit actually!

Speaking very generally, an estate plan from my Firm usually costs a single person about $700, and a family about $850. So, under this Estate Plan Sale, that’s a saving of about $200 for singletons to $350 for your family!

Family: mom, son, and dad

Also, speaking very generally, an estate plan including a revocable living trust, from my Firm, usually costs a single person about $1,300, and a family about $2,200. So, under this Estate Plan Sale, that’s a saving of about $300 for singletons and a whopping savings of $1,200 for your family!

WHERE?

Any Iowan is eligible. I am licensed to practice law in Iowa, and I have clients all over the state. In our modern age of emails, scanning, and cell phones, mere physical distance is not an issue.

I have clients from Burlington and Carroll to Sioux City and Urbandale. If you want to work with me, I want to work with you, and we can easily find ways to do so.

HOW?

I write about my process at length, but it’s just five steps! Seriously, it’s not that painful, it truly isn’t. My clients report back to me that they have such relief and peace of mind when it’s completed.

Peace signs at the golden gate bridge

WHEN?

NOW! RIGHT NOW!

Again, the special deal of $500 for a standard estate plan, and $1,000 for a standard estate plan plus a revocable living trust, will last only a limited time, June 15 to July 15, 2017. I’m already backlogged, so ACT NOW. Do not wait!

We all know, of all the seasons, summer goes by the fastest. Time can run out on you; don’t let that happen.

You can reach me most easily by email at gordon@gordonfischerlawfirm.com or call my cell, 515-371-6077. Don’t delay—write or call today.

A great place to start in on the process is with my Estate Planning Questionnaire.

mom and son on street

DISCLAIMERS

The Estate Plan Sale merely relates to pricing and in no way creates an attorney-client relationship, nor any other kind of professional relationship. The Estate Plan Sale merely relates to pricing and does not create a contract or agreement of any kind.
GFLF, P.C. retains full and total discretion as to who it chooses to serve as clients and why. GFLF, P.C. retains the right to refuse service to anyone it chooses.
The Estate Plan Sale may not apply to individuals or families with a net worth of more than $1 million dollars. (You still need an estate plan, very much so, but it necessarily needs to be much more “complex.”).
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