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creative sticker

To all of my estate planning clients, I stress the need for a complete estate plan. The set of documents includes more than a last will and testament. It also includes a health care power of attorney, disposition of personal property, and disposition of final remains, among others. But, each individual and their situation is unique and accordingly, an estate plan can and should be customizable. Beyond the baseline documents, some people elect to include a living will, while others choose to set-up a living trust. Furthermore, the specific content within the documents can range immensely when it comes to particular provisions, charitable bequests, and instructive wishes. You may even choose to get a bit “creative” with your estate plan, like the following famous examples of out-of-the-ordinary instructions.

Hairy Situation

Napoleon Bonaparte, the infamous French emperor and military leader, issued unique end-of-life directives that differed from his typical military orders. Just days before his death, Bonaparte inserted a clause stating that if he were assassinated by the “English oligarchy” that, “The English nation will not be slow in avenging me.” He also requested that his hair be divvied up among his family and stated:  “Marchand shall preserve my hair, and cause a bracelet to be made of it, with a little gold clasp, to be sent to Empress Maria Louisa, to my mother, and to each of my brothers, sisters, nephews, nieces, the Cardinal; and one of larger size for my son.”

Napoleon chair

Final Resting…Can

If you don’t want to make gifts out of your hair, you could request to be buried in a Pringles can like Fred Baur (who invented Pringles). Alternatively, you could be made into a series of limited-edition Frisbees and sell them like Ed Headrick (who, you guessed it, invented Frisbee and founder of the Disc Golf Association).

Family Find

Perhaps you want to issue a challenge in your estate plan like the late magazine mogul William Randolph Hearst. In Hearst’s estate plan, he challenged popular rumors, stating that anyone who could prove that they were an illegitimate child of his would inherit a $1. Spoiler alert: no one ever claimed it. (He also barred his five sons from running Hearst Corporation, which goes to show estate planning and business succession planning go hand in hand.)

one dollar bill

Better Letter

In a different kind of challenge, novelist and playwright George Bernard Shaw left money behind to fund the creation of a brand new alphabet, called the “Shaw Alphabet.” He left the conditions that the alphabet must have 40 letters, be phonetic, and totally different from the Latin alphabet. He also stipulated his desire for his script, Androcles and the Lion, to be printed in the winning alphabet.

Choose Your Own Adventure

This all goes to show the point of estate planning: YOU get to choose. Not the court and not family members who may be left confused as to what’s best or what you would have wanted. Your estate plan is where you get to choose what’s best for you, your loved ones, and your hard-earned assets.

I’d love to help draft the perfect individualized estate plan for you. One of the best ways to get started thinking about what you want is by filling out my free, no-strings Estate Plan Questionnaire. Or, you can contact me via email or phone.

Person writing on paper

A last will and testament certainly sounds like a complex document. But, when boiled down, your will answers just three simple, yet important questions.

  1. Who do you want to inherit your assets?

A will provides for the orderly distribution of your property at death according to your wishes. By property, I mean everything you own. Your property includes both tangible and intangible things. An example of a tangible item would be your stamp collection. An example of intangible items would be stocks and bonds.

mom and daughter holding hands

  1. Who do you want to be in charge of carrying out your wishes as expressed in the Will?

In a will, you also name the “executor” of your estate. The executor is the person who’s responsible for making sure the will is implemented as written. Needless to say, this is a very important position, and you want to name someone you can trust completely, and you know to be responsible and competent.

  1. Who do you want to take care of your kids?

If you have minor children (i.e., kids under age 18), you’ll want to designate a legal guardian(s) who will take care of your children until they are adults. Also, a will can set up a financial trustee (may be the same as the guardian) who can oversee and be responsible for your child’s funds until they are old enough (and mature enough) to inherit property.

 

Without a Will, There’s No Way

Without a last will and testament, you’ve given no guidance to anyone about who should inherit your property, who should be in charge of carrying out your wishes, and who you want to be your kids’ legal guardian. Not having a will creates unneeded stress and heartache, and even total chaos, for your loved ones and friends. This distress would also come at the worst possible time—when they are mourning your passing.

Drafting a quality estate plan that incorporates your wishes and goals is the height of responsibility. And if estate planning sounds intimidating, fear not! We’ll walk through the five steps of estate planning together. The best place to start is with my Estate Plan Questionnaire.

I’d love to hear from you. You can email me anytime at gordon@gordonfischerlawfirm.com.

ethical will

If you’ve visited my blog before you know I can talk often and always about the importance for all Iowans to make a will as a part of a complete estate plan. I highly recommend enlisting an estate planner with good recommendations to draft your individualized estate plan. But even the best estate planner cannot write another type of will you should deeply consider—an ethical will. This is a document that’s best written by the person who knows you the best . . . you.

What is an Ethical Will?

An ethical will isn’t a legal document like a last will and testament or a living trust. An ethical will won’t transfer assets won’t be admitted to a probate court to evidence testator intent. But an ethical will can be extremely meaningful and useful to the loved ones you leave behind. It’s a document where you can transfer immaterial assets—think words of wisdom, lessons learned, stories, documentation of heritage, and values.

Let me be clear, an ethical will certainly does not replace the need for a legal will, but it serves as a compliment or an addition. Rather, an ethical will is the place you can provide explanations for what decisions you make in your estate plan if you so choose. For instance, if you think there will hurt feelings or confusion if a certain family member is selected as the executor of your will, you could articulate your reasoning in an ethical will.

There’s no hard and fast definition for what should go in your ethical will. Unlike a last will and testament, there are no specific formalities. You may consider your ethical will as a collection of documents like journal entries, letters to loved ones, or even just your favorite quotes you live by. Curious about how to get started compiling an ethical will? I would recommend thinking about last words and a lasting legacy. What do you want to make sure gets said, even after you’re gone? For my own ethical will, I would start by just writing a letter to my wife.

One question I often get is where to store estate planning documents? For your ethical will, I recommend storing a physical and digital copy with your other estate planning documents or letter of instruction (if the estate planning documents are only accessible by certain executors). The most important thing will be that the people you want to have access to the ethical will do indeed have access to it.

Need an estate plan? There’s no day like the day for investing a roadmap for your loved ones after you pass. An estate plan can save money, time, bureaucratic red tape, and a whole lot of heartache for your beneficiaries. Don’t hesitate to contact me with any questions about estate planning via email (gordon@gordonfischerlawfirm.com) or by phone (515-371-6077).

father's day

Happy Father’s Day to all the dads, grandpas, uncles, and father figures out there! There are many kinds of fathers, from the beer-drinking to the book-reading, from the golf-loving to the car-fixing, to all of the above. And, just like there’s not one kind of way to be a dad, there’s no single type of father that needs an estate plan; everyone needs an estate plan regardless of the size of your tool shed. That’s why today is a great day to talk to your dad about estate planning.

Of course, estate planning can be a difficult subject to broach over grilling or yard work, but it’s an important conversation to have to see where your father is at. And, you can’t go buy an estate plan at the store or have one made for him, but in terms of long-term value, an estate plan is one of the best moves your dad could make.

Your father has likely taught you so much over the years. This could be your opportunity to give back to him and help him out with something for once by sharing information or just offering encouragement to complete the estate planning process.  Let’s consider a couple of different scenarios.

If Your Dad Doesn’t Know Much About Estate Planning

That’s okay! This is your chance to share some important basics about what estate planning entails. There are three main points you can pass along and then feel free to direct him to an experienced estate planning attorney who can explain the rest.

  1. Without an estate plan, there are major detriments. You cannot choose who receives your assets, how much and when. If a father has minor children they cannot choose who is the main guardian for the children if something were to happen to both parents/guardians. Without an estate plan, you also cannot choose your executor (the person to carry out the closing of your estate). Furthermore, if you die without an estate plan, all your assets— house, savings, retirement plans, and so on—will pass to your heirs at law as specified under Iowa’s statutes. Also, without an estate plan, the probate process can be even more cumbersome, time-consuming, and difficult on what is likely to already be a stressful time for loved ones.
  2. A basic estate plan includes six key documents. An estate plan questionnaire helps to organize important information in a single document. (Your estate planner will use this to ensure the documents are individualized to your estate’s unique needs.) A “last will and testament” is just one of those documents. The other documents in a basic estate planning package include: health care power of attorney; financial power of attorney (including an advanced directive, if desired); disposition of personal property; and disposition of final remains.
  3.  Your dad may be in need of a trust depending on his estate planning goals, size of the estate, and other considerations like ownership business.

Getting started with the process is easy. I recommend starting with my free, no-obligation estate plan questionnaire or giving me a call.

If Your Dad Already Has an Estate Plan

Give your dad a high-five because he’s ahead of the curve! Seriously, more than half of Americans do not have essential estate planning documents. However, there may be some points that you dad forgot about or needs to revisit.

Beneficiary Designations

Beneficiary designations are notoriously forgotten because they can be set once and then, even if things change, people forget to switch the name. Imagine the scenario of Beneficiary designations (sometimes called PODs and TODs) on accounts like savings and checking accounts, life insurance, annuities, 401(k)s, pensions, and IRAs. Make sure that designations are correctly filled out and supplied to the appropriate institution. Of course, remember to keep these beneficiary designations current as well.

Revisit Regularly

If things change in your personal life you may well need to update your estate plan. Some examples are if marital status changes; a new child or grandchild is born; a named beneficiary passes away; you move to a new state or buy property in a different state; or there’s a significant change in financial situation.

Additionally, sometimes changes to laws (like the federal tax code) can impact the structure and most advantageous tools for estate planning. Any estate planner worth their weight should be able to tell you if your current estate plan aligns with any changes to laws.

I recommend to my clients that they review their estate plans once a year to make sure everything still fits with your estate planning goals.

Give the Best Gift this Father’s Day

I understand you can’t really “give” your dad an estate plan, but you can help him check this major legal “must” off the life checklist by helping point him the right direction. You can also offer your assistance when it comes to gathering important documents or information for the Estate Plan Questionnaire. Let your dad know that when he’s ready to discuss his planning decisions that you’ll be there to listen, and if necessary, bring your siblings (if any) and other family members to the table so that everyone is on the same page. (Note that all the aforementioned information totally applies to mothers too!)

father with family

Questions, concerns, or otherwise from you or your father? Contact me at any time via email or phone (515-371-6077). I also offer a free consultation and make house calls!