May is National Recommitment Month—a unique event you may not have heard of, but one that has some serious value nonetheless. It’s a month aimed at giving us a chance to revisit our plans, hopes and commitments in an effort to get back on the right track if we’ve strayed along the way. For many of us, this may mean taking a closer look at the estate planning resolutions we made almost six months ago.

If this sounds like you, this could be time for a positive change! We’re looking at a few smart ways to reflect on your plans and, if necessary, make new ones to follow through on in the months ahead.

Rethink your relationships

Since you first committed to drafting your estate plan, have any of your relationships changed? While legal changes such as marriages and divorces will obviously warrant a chance in your estate plan, less concrete changes might be reason for a reconsideration, too. Do you still want the first person you appointed as your healthcare surrogate to retain that role, for example, or do you want to shift that responsibility? This Recommitment Month, it’s important to keep your commitments—but it’s equally important to recognize when a legal commitment you made just won’t work.

Evaluate changes in health or circumstance

Changes in your personal health or life circumstance will also warrant estate planning action. If your health has changed, for instance, you may want to get back to your estate plan and specify actions you want (or don’t want) taken later on. Similarly, if you’ve come into a large amount of money through career or inheritance, these changes will prompt you to reconsider and recommit to a firm, updated estate plan.

Understand what’s been holding you back

If there are reasons you have kept yourself from committing to an estate plan, what are they? Explore the answer to this question to tackle the issue and finally commit to an estate plan that works for you and your family.

Planning for difficult, unexpected events is never easy—but by understanding this and moving ahead anyway, you and your family will be all the better for it.

We hope that today’s blog provides you with the information needed to get started on your estate planning process. While it may not seem like a pivotal move now, drafting your first plan may be one of the best things you do this month!

Whether you’re a business owner seeking a new location or are looking for a residential property large enough for a growing family, buying real estate is a big task—and it’s one that deserves the legal help and expertise of a real estate attorney! In today’s blog, we’re sharing a few tips to consider before pursuing a purchase.

List out your needs

If you’re on the search for a new commercial or residential property, you may have already put together a mental list of what you want and need in a space. Put that list on paper and articulate what your property must have (or must be able to have) in order to serve your business or your family. By doing so, you will be able to gain a better understanding of the type of space you’re looking for—which makes the search just a little easier.

Know the neighborhood

Looking for a great location? Spend some time getting to know potential neighborhoods if you haven’t already. A “good” neighborhood isn’t the same for everybody, and the quality of an area in regards to you and your family/business will depend on your individual needs and preferences. Of course, if you have any questions in this area you can also reach out to our office—we’ve been in business in the area for more than 35 years and know the space well.

Start the process early

If you know that you’re ready to purchase a home, it’s never too early to get started on the process of preparing for the purchase and starting the search. Get together your financial information, research payment options and possible “surprise” costs down the line, etc. While you may not know what to do with this information or how to plan everything out yourself, just preparing it and having it available will save you lots of time when working with your attorney and real estate agent.

Consider your specific case

It’s always worth considering your specific case and asking yourself if there are any unique factors that might call for special attention during the real estate process. By identifying potential issues ahead of time, you and your real estate professional can enjoy a more predictable and effective endeavor.

Enlist legal help along the way

Still have questions? Whether this is your first foray into the world of real estate or you have more experience under your belt, a real estate attorney is a great companion to have on your side. While agents themselves are helpful in some cases, their main focus will always be to sell you a home. No professional offers you the unparalleled devotion and commitment to your needs that a real estate attorney does. Whenever questions arise in the purchasing process, you can turn to your attorney for help and guidance specific to you and your unique situation.

These tips work for most cases, but your individual needs may call for more specialized advice. Be sure to call our office today to see how we can help you successfully navigate the purchasing process.

When it comes to your estate plan, ambiguity can lead to disputes among family members and uncertainty surrounding your end-of-life wishes. Why leave such important matters up in the air? In today’s blog, we will be exploring five solutions that may be able to help you avoid ambiguity and vagueness in the estate planning process.

Know what you want

The most important step in avoiding estate planning ambiguity is to first know what you truly want. By asking yourself key questions about what you want and who you want to carry out your wishes, you can achieve a more clear, unambiguous idea of what your estate plan should include.

Understand the difference between terms

If you’re not familiar with estate planning, it’s easy to confuse similar sounding terms and ideas. Knowing the difference between a healthcare surrogate and a preneed guardian, or a will and living will, will prove crucial to the specifics of your estate plan and end-of-life wishes… so having an understanding of these terms can be enormously helpful.

Pay attention to key words and phrases

Once you know the different meanings behind key ideas, it’s time to put that knowledge to use and draft your plan accordingly. Pay special attention to the wording you use and be ready to reconsider potentially misleading language. (This is a key part of the estate planning process, and your attorney will likely be of great help to you in actually putting your plan into words.)

Use a straightforward approach with friends and family members

When it comes to eliminating ambiguity from your estate plan, it pays to be clear in your in-person interactions, too. When speaking with friends and family members you appoint in your plan, be sure to let them know what you want their role to be and avoid sugarcoating or avoiding certain topics. It may seem hard now, but it will let you and your loved ones share a better understanding of your plan—and that makes all the difference.

Consult with an attorney

For one final “fail safe,” be sure to consult with your attorney to clear up any confusion or questions still surrounding your plans. While you may have a general grasp of what you’ve stated in your plan, an attorney can provide you with an added dose of confidence by guiding you along the way and eliminating vague or misleading language from your plan.

When you take special measures to avoid ambiguity in the estate planning process, you will be able to enjoy a future filled with a better peace of mind—as well as the dependability of the friends and family members you trust. If you’re interested in updating your estate plan or drafting a new one, please call our office today. We can help you design a plan that’s as clear and effective as possible.

You may already know the role a guardian plays in someone’s life. This person, who will be established by the court, helps to manage the affairs of a minor or a person who is otherwise incapacitated and unable to make their own sound decisions. Did you know that you can designate a guardian—what’s called a “preneed guardian”—ahead of time, in case you ever need one?

We’re exploring this legal concept below in a brief FAQ.

What is the role of a preneed guardian?

The key thing to remember about a preneed guardian is all in the name. A preneed guardian doesn’t have any duties or special responsibilities unless you need them to, should you become incapacitated and no longer have the ability to act on your own behalf.

How do I establish one?

Before designating a preneed guardian, think about who that person should be. Ideally, your preneed guardian would be someone you trust to act on your behalf with your best interests in mind—this can be a friend, family member, etc. … whoever it is that can best handle your affairs should you ever need them to do so.

You can designate a preneed guardian in your estate plan. This is essentially letting the courts know who you prefer to serve as your guardian in the event that you ever need one. While the courts will generally abide by your wishes, your preneed guardian may not be able to serve if they are unqualified to do so in the eyes of the law. (To prevent your preferred preneed guardian from being declared unqualified—thus leaving you without a say in the matter—you can even declare alternate choices in your plan.)

Your estate attorney will help you define your choice within your estate plan.

Who can establish a preneed guardian?

You can designate a preneed guardian for yourself… but did you know that you can also select one for your minor child as well? Nominating a guardian for minor children allows you to select a person you trust to serve as your child’s guardian should you not be able to.

Should I?

Finally, many people ask if they should designate a preneed guardian in their estate plan. While you hope that you will never need a guardian to act on your behalf, this legal measure is just another means of having a say in how you live and how your affairs are handled if you can no longer do it yourself. While it may not be pleasant to think about, designating a preneed guardian for you or your child can give you peace of mind, knowing that your needs and wishes will be carried out by someone you trust. For this reason, virtually anyone can benefit from selecting this type of guardian in their estate plan.

We hope that our FAQ helped to answer some of your questions about designating a preneed guardian—but we know you may have more! If you want to learn more about the process or have questions about how to designate a preneed guardian yourself, please call our office at 386-868-3083 today.

Human beings are, by nature, planners. We make immediate plans for our daily meals, activities, and other actions—and, of course, longer term plans for things like our children’s wellbeing or our end-of-life wishes. Knowing what to plan for and how to do it can be daunting at times—but in the end, it’s all worth the trouble.

In today’s blog, we will be looking at some of the longer term plans you can make now to provide for a better, more peaceful tomorrow.

Finances and retirement

One of the biggest areas we are constantly planning for is, as you might have guessed, our finances and retirement plans. This area of planning revolves greatly around the property we own, what we put into savings for our own retirements and what we set aside for loved ones, charities and other recipients. While it’s a bit different for everybody, much of this type of planning focuses on one central goal: the ability to retire and live comfortably while still providing for the people or causes you care about.

This area of planning also overlaps with day-to-day needs. We strive to ensure that we always make or invest enough of our earnings to not only plan for the future, but to live in the “now” as well.

Family

In addition to planning for our own retirements and financial needs, we are constantly working and planning for our families’ wellbeing down the line. This might include setting aside for our children’s college funds and making provisions for them in our estate plans.

This area of life planning can be very fluid. With divorces, remarriages, births, adoptions and other family events, our plans need to change and reflect our new situations. This is all in an effort to make sure that our families are provided for, even in the event that we can no longer do so.

End-of-life care and wishes

Finally, a large portion of our life planning goes into deciding what we want (or don’t want) in the event of events such as death or incapacitation. If you, as a parent or spouse, can no longer provide for your family or make decisions on your own behalf, who do you want to appoint to do these things for you? On a similar note, what are your wishes regarding your health and life in certain medical scenarios? The answers to these questions—and many more—are typically included in our estate plans.

Can we help you during your next step in the planning process? With practice areas that span from real estate law to estate planning, we can provide you with the experience and insight needed to make informed decisions at every step of the way. Call our office today at 386-868-3083 to learn more.

When it comes to your end-of-life plans and wishes, discussions with family are never easy—however, there are a few ways you can make the conversation more effective at conveying what you need to express while still maintaining care and sensitivity. In today’s blog, we’re looking at a few things to keep in mind before and during your discussion.

Put yourself in their shoes

Many times, the topic of estate planning can be an isolating one, since those on the receiving end of the discussion may not understand or even want to listen. These are understandable feelings, of course—approaching loved ones with your end-of-life plans can be frightening to them—so you may want to take some time to imagine yourself in their position. This will let you frame your conversation in a way that’s effective at getting your point across—while still acknowledging the emotions and concerns that are bound to result from it.

Be sincere and straightforward

Successful conversations about estate planning demonstrate a balance of sincerity and straightforwardness. Avoid being too vague about the subject at hand—your loved ones deserve to know the reality of your situation and wishes, whatever they may be. Leaving out crucial details in hopes of sparing a loved one’s feelings may lead to more hurt and confusion later on. Find a way to convey your message sincerely and straightforwardly at the same time—the news or information should be coming from you, someone your loved ones know and trust, rather than a brochure or impersonal read-off of facts.

Leave room for questions

There are bound to be questions from your loved ones following your conversation, especially when you’re speaking children or those unfamiliar with the subject. Allow some room for these questions and anticipate your answers ahead of time.

As we have mentioned above, estate planning isn’t necessarily an easy or natural thing to discuss. Acknowledge that and try to respond to questions or concerns with care.

Frame your discussion in a positive light

Finally, it’s important to frame your conversation in a positive light. While the details of your situation may not be especially uplifting, you can still show your loved ones that this is a positive step in the right direction. Planning your estate and end-of-life wishes ahead of time can be a constructive, empowering way to take control of what matters most to you—let your family and loved ones know this so they can better process the situation.

We hope that these tips help you have your own conversation in a way that works for you and your family. And, of course, if you have your own questions about the logistics behind the estate planning process, we are here to help. Call us today at (386) 868-3083 to see what we can do for you.

Are you starting or expanding your business in 2016? You, like many business owners all across the country, might have your sights set on a new property with which to grow your business in the coming months. It’s a great step to take—but do you know how to navigate the world of commercial real estate? If not, we can help.

A dedicated commercial real estate attorney can be crucial to the success of businesses, whether they’re just starting up or already have several properties under their belt. Business owners may not always know where (or what) they can build, for instance, or how to deal with conflicts that may arise during the process. Their attorneys, however, do!

Below, we are listing the top four reasons why you shouldn’t entrust the success of your commercial real estate purchase to anyone but a professional real estate attorney.

Experience and know-how

If you are at the point of purchasing commercial property for your business, there’s no doubt that it’s an important endeavor to you—so, as we’ve mentioned above, why entrust something so important to anyone other than an attorney who’s dealt extensively in these types of purchases? When you work with us, you get a chance to learn valuable insights about commercial real estate law, helping you now and later on, too. This kind of know-how can prevent you from making costly mistakes that detract from the point of your business.

Legal defense

When you’re purchasing a commercial property, making additions or constructing a new building altogether, there’s always a chance for legal conflicts along the way. Whether you find yourself in a dispute over local codes or your right to a specific piece of property, we can help you navigate these issues swiftly and effectively.

Prevention of lost time

You’re a business owner—and you know that lost time is lost money. Avoid having to be out of business due to lengthy legal conflicts or other bumps along the road by enlisting the help of an attorney who can get you through them quickly and efficiently, all so you can get back to what you do best: running your business!

Future success

One of the best things your real estate attorney can offer you is assistance toward future successes. We can help you ensure that you start your business or commercial purchase off on the right foot—so that every following development has the law on its side.

In addition to getting you started off right, we can provide assistance down the line, too. By going into your commercial purchase with the help of a real estate attorney, you can be sure there’s always someone there to help should new surprises or conflicts come up.

Do you need a commercial real estate attorney for your business in 2016? Don’t hesitate to call us today at (386) 868-3083 to find out how we can help you and your business team in the months ahead.

Happy New Year! We thought this would be the perfect time to share a few of our New Year’s resolutions for a happier, more secure 2016. We hope that you find a few helpful ideas on our list, and even make a few of your own, too!

Spend more time with family

In addition to getting trim and boosting your health, this is definitely one of the most popular New Year’s resolutions around—but for good reason! Spending time with family and loved ones is a great thing to strive for, both now and throughout the year. In 2016, make an effort to spend more time with family, whether that’s by planning weekly outings, enjoying quiet time at home, or making plans to see loved ones you haven’t seen in a while. They will appreciate the effort, and you will both enjoy the time you spend together.

Take control of your finances

Taking control of your finances may not seem like the easiest thing to do—but it is definitely one of the most rewarding and effective ways to “get ahead” in 2016. This can be done in a variety of ways, both big and small. For example, you can pick and prioritize certain debts to focus on repaying, or set aside a little bit of extra cash every month to pay off your mortgage at least a little faster.

Remember, small changes add up—by boosting your financial savviness and security in 2016, you will be able to provide a more comfortable life for you and your family.

Take advantage of legal help and resources

In 2016, make an effort to take advantage of the legal help and resources available to you. Many people spend their lives thinking they simply don’t need the help of an attorney in planning their estate (or they don’t plan their estate at all) until they do need one.

We can help you plan for the future, even if you aren’t quite sure how to. Don’t feel that you need to do it all alone, either—that’s what we are here for! By enlisting professional legal help with the big matters in 2016, you can focus on what’s important to you.

Practice cybersecurity

In today’s modern age, it is more important now than ever to practice cybersecurity and safe browsing everywhere you go online. There are thick books and guides out there about how to do this, but there are also a few basic tips everyone can easily follow. Never use unfamiliar Wi-Fi networks where your information may be at risk, use passwords and security on your computer and on the sites you visit (especially those you use for banking and financial planning) and always be wary of scams and other risks online. By keeping these tips and more in mind, you will be able to browse the web, bank and enjoy the internet with confidence and security.

Plan for the future

No matter who you are, what you do or how old you are, it’s never a bad idea to get started on planning for the future. Make an effort this year to plan for the future, even in seemingly small ways. Doing this with allow you to enjoy a much more peaceful year in 2016 and the years to come.

We hope that these resolutions are of help to you in 2016, and that you and your family enjoy a happy New Year!

This holiday season, you likely have lots of time planned with family, friends and loved ones, whether around the dinner table or at holiday parties. During this time of cheer and festivity, estate planning may be the last thing on your mind—but should it be?

 While the holiday season is all about giving and sharing time with loved ones, it’s also a good time to reevaluate your current estate plan (or draft your very first one) in an effort to protect them should something ever happen to you. In today’s blog, we are looking at a few reasons why this holiday season may be the best time yet to work on your estate plan.

Changes in relationships

It’s an unfortunate but often very real part of life—relationships change, couples break apart, people change and unexpected events do happen. It’s also true that many of these big life changes become apparent to you during the holiday season!

While you want to spend time dealing with big life changes among family and friends this holiday season, you also want to use this time to reevaluate your current estate plan. Do changes in the lives or relationships of loved ones—perhaps of those you have appointed with specific tasks or duties in your will—affect the role you want them to play in your life? It may be a hard question to answer, but doing so will allow you to make confident, more assured decisions in your estate plan.

Gifts and changes to your estate

Substantial changes to your estate often warrant a reconsideration of your plan, since large additions (or subtractions) of your money may likely affect how you want to allot it. If you come into a large sum of money this holiday season in the form of a gift or inheritance, or if you’re on the other side of such an exchange, you may want to look back at your estate plan and refigure your numbers.

End of year reflections

The holiday season coincides with the end of the year, a time when many of us reflect on the year that’s past and rethink life choices, our outlooks, and—of course—what we want our impact to be. If this happens to you this holiday season, you should absolutely revisit your estate plan (or get started on one) to account for changes in life plans, provisions for unexpected events and where you want to leave your legacy.

A chance to ask the important questions

Finally, the holiday season offers us the unique chance to be around family members and loved ones we don’t get to see throughout the year. While you may be afraid that mentioning your estate plan or medical decisions during the holiday season may put a damper on things, rest assured that this is actually one of the best things you can do for your family. Ask people the questions you need to know—will they serve in the role you appointed them? Are they comfortable taking on the responsibilities (or gifts) you leave them in your estate plan, should anything happen? While it may seem difficult to talk about at first, doing so can actually make the rest of the holiday season a much lighter and more enjoyable experience.

If you decide during the holidays that you need to design or rethink an estate plan, please don’t hesitate to reach out to us! Call our office today at 386-868-3083 to get the answers to your important estate planning questions.

We would like to wish you and your family a very happy and healthy holiday season!

Embarking on the process of estate planning isn’t easy for anyone… but add to that the misconceptions and misunderstandings surrounding the field, it’s no wonder that many still don’t understand estate planning and its purpose. Being familiar with estate planning (and, of course, developing a plan yourself) is just as important as life’s other big decisions—where to live, when to start a family, where you’ll work, etc.

Today, we’re clearing up three estate planning misconceptions, and offering tips for those new to the process.

1. Estate planning is for later on in life.

Estate planning (and the more specific processes of will writing and advance directives) is often associated with old age, which is why many adults will “put off” thinking about their estate until later on in life. In reality, however, there is no age requirement for adults who want to decide how their life’s wishes will be carried out.

It’s a part of life we don’t want to think about, but one of the key tenets of estate planning is to “expect the unexpected.” By thinking about estate planning now, no matter how old or young you are, you can help your loved ones avoid stress and confusion in the event that something happens.

2. You can’t make changes to your plan over time.

Many people may be hesitant about planning their estate “too early,” since they fear that they won’t be able to change it later on. But this idea is, fortunately, quite misdirected. Not only are you able to make changes to your estate plan later on—you are actually encouraged to do so! While there’s no need to change your plan regularly, there is a need (and option) for you to change it if your life circumstances change over time. For example, the birth of a child, divorce, remarriage, stepchildren, and other major life events often warrant a reconsideration of your estate plan. We can work with you to update your estate plan to accurately reflect your new circumstances.

3. I’m not wealthy enough.                                                

Estate planning isn’t just for those with sizeable estates—it’s for anyone who wants a say in how their property (however large or small that may be) is executed. Additionally, it’s vital for those who have children or dependent adults in their lives, so that they may be cared for even if you’re not able to.

It’s also worth noting that you can include other important factors in your estate plan—namely, decisions regarding your health and end of life choices. These considerations are important for everyone, no matter your estate size or income level.

4. Planning your estate is too difficult or time consuming.

We understand that planning your estate and end of life decisions can be emotionally taxing. Fortunately, the legal side of the process is not always as difficult. With the help of a dedicated will and trust attorney, you will be able to create tangible, concrete (and legally binding) decisions about your life and estate… and once all is said and done, there’s really no better peace of mind than that.

We can help you develop an estate plan that fits your needs. Please contact us at 386-868-3083 if you have questions or needs we can assist you with.