5 Questions To Ask Before Hiring An Estate Planning Lawyer – Part 2

by Tara Cheever ~ Attorney at Law February 24, 2021 Asset Protection, Estate Planning, Wills

Although hiring the right estate planning lawyer may not seem like a really important decision, it’s actually one of the most critical choices you can make for both yourself and your family. After all, this is the individual you are trusting to serve on your behalf to protect and provide for your loved ones in the event of life’s most traumatic experiences.

Should you choose the wrong person for the job, your family could potentially face all manner of unnecessary conflicts, expenses, and legal entanglements during a time when they are at their most vulnerable. In the end, estate planning is about far more than having a lawyer create a set of documents for you, and then never seeing you again, or only seeing you when something goes wrong. READ MORE

5 Questions To Ask Before Hiring An Estate Planning Lawyer – Part 1

by Tara Cheever ~ Attorney at Law February 18, 2021 Estate Planning, Trustee, Trusts, Wills

Since you’ll be discussing topics like death, incapacity, and other frightening life events, hiring an estate planning lawyer may feel intimidating or morbid. But it definitely doesn’t have to be that way.

Instead, it can be the most empowering decision you ever make for yourself and your loved ones. The key to transforming the experience of hiring a lawyer from one that you dread into one that empowers you is to educate yourself first. This is the person who is going to be there for your family when you can’t be, so you want to really understand who the lawyer is as a human, not just an attorney. Of course, you’ll also want to find out the kind of services your potential lawyer offers and how they run their business. READ MORE

Third-Party Supplemental Needs Trusts

by Tara Cheever ~ Attorney at Law February 6, 2021 Asset Protection, Estate Planning, Special Needs Trust, Trusts

If you want to provide for a loved one who is disabled or has special needs when you are no longer here, care must be taken to ensure that the inheritance you leave will help rather than harm your loved one. An inheritance received outright could negatively impact your loved one if he or she is currently receiving government aid or benefits or will need to apply for aid in the future. READ MORE

Things You Need to Know as Successor Trustee

by Tara Cheever ~ Attorney at Law January 30, 2021 Asset Protection, Estate Planning, Power of Attorney, Trustee

Accepting the role of successor trustee can seem a little intimidating when you look at the job description. However, you are not alone. Your advisor team (trust administration attorney, certified public accountant (CPA), financial advisor, and insurance agent) can guide you through the various steps of the administration process. If you are feeling overwhelmed, you may want to consider delegating trust administration tasks to another person with comparable, more advanced, or specialized skills such as an attorney, CPA, or financial advisor. Also note, services completed on behalf of the trust can be charged to the trust, not to you personally. READ MORE

How to Choose a Trustee

by Tara Cheever ~ Attorney at Law January 15, 2021 Estate Planning, Trustee, Trusts, Wills

When you establish a trust, you name someone to be the trustee. A trustee does what you do right now with your financial affairs – collect income, pay bills and taxes, save and invest for the future, buy and sell property, provide for your loved ones, keep accurate records, and generally keep things organized and in good order. READ MORE

The Recipe for a Satisfying Estate Plan

by Tara Cheever ~ Attorney at Law December 28, 2020 Estate Planning, Guardians for Minor Children, Healthcare, Personal Representative, Power of Attorney, Trustee, Trusts, Wills

Misconceptions about who needs an estate plan abound. Most people believe that estate planning is only for extremely wealthy business moguls or celebrities. But that could not be further from the truth. Estate planning is the process of making decisions about what happens to you, your money, and your property when you pass away or can no longer make decisions for yourself. Thus, estate planning should be standard practice for every adult age eighteen or older.

To learn more about Cheever Law, APC and estate planning, please register for our FREE educational Life & Legacy Planning Webinar. We look forward to serving you! READ MORE

4 Tips for Talking About Estate Planning with Your Family Over the Holidays

by Tara Cheever ~ Attorney at Law December 22, 2020 Estate Planning, Healthcare, Incapacity, Trustee, Wills

With COVID-19 still raging, your 2020 holiday season may not feature the big family get-togethers of years past, but you’ll still likely be visiting with loved ones in some fashion, whether via video chat or in smaller groups. And though the holidays are always a good time to bring up estate planning, given the ongoing pandemic, talking about these issues is particularly urgent this time around. READ MORE

Remarrying In Midlife? Avoid Accidently Disinheriting Your Loved Ones

by Tara Cheever ~ Attorney at Law December 8, 2020 Asset Protection, Estate Planning, Trusts

Today, we’re seeing more and more people getting divorced in middle age and beyond. Indeed, the trend of couples getting divorced after age 50 has grown so common, it’s even garnered its own nickname: “gray divorce.”

With divorce coming so late in life, the financial fallout can be quite devastating. Indeed, Bloomberg.com found that the standard of living for women who divorce after age 50 drops by some 45%, while it falls roughly 21% for men. Given the significant decrease in income and the fact people are living longer than ever, it’s no surprise that many of these folks also choose to get remarried.

And those who do get remarried frequently bring one or more children from previous marriages into the new union, which gives rise to an increasing number of blended families. Regardless of age or marital status, all adults over age 18 should have some basic estate planning in place, but for those with blended families, estate planning is particularly vital. READ MORE

Getting Divorced? Don’t Overlook These 4 Updates to Your Estate Plan – Part 2

by Tara Cheever ~ Attorney at Law November 19, 2020 Asset Protection, Estate Planning, Trusts, Wills

Going through divorce can be an overwhelming experience that impacts nearly every facet of your life, including estate planning. Yet, with so much to deal with during the divorce process, many people forget to update their plan or put it off until it’s too late.

Last week in part one, we discussed the first two changes you should make to your plan: updating your beneficiary designations and power of attorney documents. Here in part two, we’ll cover the final updates to consider. READ MORE

Black Panther Star Chadwick Boseman Dies Without A Will – Part 2

by Tara Cheever ~ Attorney at Law November 6, 2020 Asset Protection, Estate Planning, Trusts, Wills

Last week in part one, we discussed a few potential explanations for this apparent blind spot in Boseman’s estate plan, and how the young actor might have prevented the situation by creating a pour-over will to be used as a backup to any trusts he had put in place. Here in part two, we’ll focus on another critical component of Boseman’s estate plan – incapacity planning.

Regardless of his age or health condition, Boseman, like all adults over 18 years old, should have three essential planning documents in place to protect against potential incapacity from illness or injury. These include a medical power of attorney, living will, and durable financial power of attorney. READ MORE

Black Panther Star Chadwick Boseman Dies Without A Will – Part 1

by Tara Cheever ~ Attorney at Law October 29, 2020 Estate Planning, Trust Administration & Probate, Trusts, Wills

On October 15th, nearly two months after the death of Black Panther star Chadwick Boseman, his wife, Taylor Simone Ledward, filed documents with the Los Angeles probate court seeking to be named administrator of his estate. Earlier this year, Boseman and Ledward were married, and the marriage gives Ledward the right to any assets held in Boseman’s name at his death.

What makes Boseman’s story somewhat unique from the others is that it seems likely the young actor put some estate planning tools in place, but it’s possible he didn’t quite finish the job. Based on the number of hit films he starred in and how much he earned for those films, several sources have noted that Boseman’s assets at the time of his death should have been worth far more than the approximately $939,000 listed in probate court documents. READ MORE

Questions & Answers On COVID-19 Tax Changes for 2020—Part 2

by Tara Cheever ~ Attorney at Law October 21, 2020 Business Law, Tax

Last week in part one, we answered questions about tax changes offered by the Paycheck Protection Program (PPP) and the Employee Retention Tax Credit (ERTC). Here in part two, we’ll wrap up this series by answering questions about the Economic Injury Disaster Loan (EIDL) and four additional tax breaks offered by the CARES Act that could save your business even more on your 2020 taxes. READ MORE

Questions & Answers On COVID-19 Tax Changes for 2020—Part 1

by Tara Cheever ~ Attorney at Law October 12, 2020 Business Law, Tax

Throughout 2020, Congress passed multiple pieces of legislation—most notably the Coronavirus Aid, Relief, and Economic Security (CARES) Act—offering numerous forms of tax relief to help businesses like yours deal with the economic fallout of COVID-19.

That said, these new laws have also created a tangled web of new tax and accounting changes that can be quite challenging to keep track of. To help you sort through all of the new programs and ensure your business takes advantage of the full range of tax breaks available, in this two-part series, we’ll provide answers to some commonly asked questions about the coronavirus-related tax changes for 2020. READ MORE

Once Your Kids Are 18, Make Sure They Sign These Documents

by Tara Cheever ~ Attorney at Law October 1, 2020 Estate Planning, Healthcare, Power of Attorney

While estate planning is probably one of the last things your teenage kids are thinking about, given the dire threat coronavirus represents, when they turn 18, it should be their (and your) number-one priority. Here’s why: At 18, they become legal adults in the eyes of the law, so you no longer have the authority to make decisions regarding their healthcare, nor will you have access to their financial accounts if something happens to them. READ MORE

COVID-19 Highlights Critical Need for Advance Healthcare Directives—Part 2

by Tara Cheever ~ Attorney at Law September 24, 2020 Estate Planning, Healthcare

With new cases of COVID-19 currently surging in dozens of states, doctors across the country are joining lawyers in urging Americans to create the proper estate planning documents, so medical providers can better coordinate their treatment and care should they become hospitalized with the virus.

The most crucial planning tools for this purpose are medical power of attorney and a living will, advance healthcare directives that work together to help describe your wishes for medical treatment and end-of-life care should you become unable to express your own wishes. While all adults over age 18 should put these documents in place as soon as possible, if you are over age 60 or have a chronic underlying health condition, the urgency is paramount. READ MORE

COVID-19 Highlights Critical Need for Advance Healthcare Directives—Part 1

by Tara Cheever ~ Attorney at Law September 15, 2020 Estate Planning, Healthcare, Incapacity

As the COVID-19 pandemic continues to ravage the country, doctors across the nation are joining lawyers in urging Americans to create the proper estate planning documents, so medical providers can better coordinate their care should they become hospitalized with the virus.

The most critical planning tools for this purpose are medical power of attorney and a living will, advance healthcare directives that work together to help describe your wishes for medical treatment and end-of-life care in the event you’re unable to express your own wishes. In light of COVID-19, even those who have already created these documents should revisit them to ensure they are up-to-date and address specific scenarios related to the coronavirus. READ MORE

Avoiding Financial Grief: How to Protect Your Significant Other from Frozen Accounts

by Tara Cheever ~ Attorney at Law August 24, 2020 Estate Planning, Power of Attorney, Trust Administration & Probate

The death of a loved one is one of the most difficult times in a person’s life. Nothing can truly prepare a person for such a loss. However, dealing with the financial stress of frozen bank accounts can exacerbate the stress. Without proper planning, your significant other could struggle to gain access to your accounts. The frustration is especially distressing if the frozen account was the primary source for paying joint or household expenses. READ MORE

How to Avoid the Need For a Prenuptial Agreement – Part 1

by Tara Cheever ~ Attorney at Law August 5, 2020 Estate Planning

If you’re counting down the days to your wedding, divorce is probably the last thing you and your fiancé want to be thinking about, and yet you might be rightfully concerned about what would happen to your assets in the event of a divorce – or your death. In this two-part series, I’ll first discuss the pros and cons of prenuptial agreements, and then in part two, provide estate-planning alternatives you may want to consider. READ MORE

Is It Time to Go Solo(preneur)?

by Tara Cheever ~ Attorney at Law July 11, 2020 Business Law, Estate Planning

There’s nothing like a major change in the economic climate to make you rethink your day job. “Business as usual” currently means a large element of uncertainty about what the future holds for your working life. Whether you’ve lost your job, had your hours cut, or have seen these things happen to people you know, your feeling of security has likely taken a hit. And, maybe that can be a good thing, something that calls you to start taking action. READ MORE

Learning to Flourish, Even in a Financial Crisis

by Tara Cheever ~ Attorney at Law July 8, 2020 Estate Planning

A financial crisis doesn’t have to be a crisis for you or your family. In fact, this could be the perfect time to access the wealth of resources currently available to fund your next level of growth. It’s a time to invest in yourself, and to learn to use your gifts, skills, and talents to serve others in a big way. That way, you won’t have to depend on anyone else, including your job, corporations, or the government, to sustain you. READ MORE

The Basics of Disability Insurance and How It Can Help During COVID

by Tara Cheever ~ Attorney at Law June 17, 2020 Estate Planning

The Americans with Disabilities Act has detailed specifics on what a disability is, but the most basic definition is that an individual has “A physical or mental impairment that substantially limits one or more major life activities of such individual.” That can apply to a car-accident or other injury, or a debilitating illness documented by a doctor, including mental illness. READ MORE

3 Unique Ways to Handle the Guilt Inherent to Being a Parent

by Tara Cheever ~ Attorney at Law May 26, 2020 Estate Planning, Guardians for Minor Children, Personal Representative

If you are like most parents, you were probably struggling with guilt even before the virus. You simply can’t make it to every award ceremony or recital, and you might not have as much time to play with your kids or help them with their homework as you’d like. Those feelings of guilt may now be compounded by all the additional responsibilities you’ve had to take on in a short space of time. READ MORE

Online Wills? When You Should, When You Shouldn’t and Where to Do It

by Tara Cheever ~ Attorney at Law April 17, 2020 Estate Planning, Guardians for Minor Children, Healthcare, Wills

With all of the media about “digital wills” and “online estate planning” it could be tempting to think you can do your estate planning yourself, online. And, maybe you can. But, if you do, you need to know the potential pitfalls. Online estate planning could be a big trap for the unwary and actually leave your family worse off than if you had done nothing at all. READ MORE

How To Get Access to Your COVID Stimulus Money

by Tara Cheever ~ Attorney at Law April 7, 2020 Business Law, Estate Planning

On March 27, President Trump signed a $2.2 trillion stimulus bill into law that will hopefully provide some relief for many, perhaps including you. The CARES Act (Coronavirus Aid, Relief, and Economic Security Act) sends money directly to Americans, expands unemployment coverage, and funds loans and grants for small businesses. So let’s look at how you can access these funds. READ MORE

The Most Important Legal and Financial Actions To Take Right Now

by Tara Cheever ~ Attorney at Law March 30, 2020 Estate Planning, Healthcare

As you already know, the COVID-19 pandemic means nothing is business as usual.

In this time of stress and chaos, your parents may be resistant to talking about estate planning. Perhaps you have not completed your own planning and are hesitant to get started. It may feel too pessimistic to plan for the worst in the midst of a scary situation. However, that’s exactly why it’s the most important time to do so. Plus, since hopefully you are staying inside, you may actually have the time to dedicate to getting these tasks taken care of. READ MORE

How To Talk To Your Parents and Get Them To Stay Home

by Tara Cheever ~ Attorney at Law March 24, 2020 Estate Planning, Healthcare

There’s no doubt that your parents have survived frightening world events, whether that was World War II, the war in Vietnam, nuclear threat, illness, poverty, civil unrest, or all of the above. However, the use of the word “unprecedented” regarding what’s happening now is not an exaggeration. And they may not understand it all or what they should do, not because they aren’t wise, but because the news has been confusing to interpret. Here are some tips to help you speak with your parents about staying home. READ MORE

Are You Clear About How Your Parents Estate Plan Will Impact You?

by Tara Cheever ~ Attorney at Law March 20, 2020 Estate Planning

It is my hope that your family is safe and healthy during this COVID-19 pandemic. In the wake of the COVID-19 pandemic, I invite you to ask several important questions, such as: Do your parents have an estate plan? Is it up to date? These times provide us with a reminder that estate planning is critical for all of us. READ MORE

Unprecedented Times: Time to Get Prepared

by Tara Cheever ~ Attorney at Law March 14, 2020 Estate Planning, Healthcare, Wills

In light of these unprecedented times and the spread of the Coronavirus (COVID-19), the Centers for Disease Control and Prevention (CDC) has issued guidelines for all of us to follow in order to protect yourself and to protect others. Large gatherings are cancelled and we are encouraged to limit physical contact and take extra precautions to take care of ourselves and our families, not out of fear, but out of concern and care for those around us and to stop the spread. In order to minimize exposure and the spread of the virus, take extra steps to protect yourself and your family by actively supporting your immune system, practice proper personal hygiene, which includes proper hand-washing, and limit physical contact with others. Additionally, ensure you are prepared and have food, supplies and resources for 30 days at home. Please visit the CDC for a complete list of the Guidelines if you haven’t done so already.

Your health and safety is important to me and the extra precautions include implementation of virtual meeting options by partnering with Zoom, a video conferencing technology solution. Utilizing technology, my office can continue to serve and support you while staying connected and minimizing physical contact. These are the times where it is more important than ever to ensure you are prepared, which includes having your estate planning in place. READ MORE

CORONAVIRUS: Impact to Your Wealth, Health and Happiness

by Tara Cheever ~ Attorney at Law February 29, 2020 Healthcare

While it’s still hard to tell how the Coronavirus will impact us in the long term, it’s become a subject that’s impossible to ignore. Here are some resources to stay up to date on the virus and to keep yourself and your loved ones healthy. READ MORE

4 Things Trusts Can Do That Wills Can’t

by Tara Cheever ~ Attorney at Law February 22, 2020 Asset Protection, Estate Planning, Trusts, Wills

Both wills and trusts are estate planning documents that can be used to pass your wealth and property to your loved ones upon your death. However, trusts come with some distinct advantages over wills that you should consider when creating your plan.

That said, when comparing the two planning tools, you won’t necessarily be choosing between one or the other—most plans include both. Indeed, a will is a foundational part of every person’s estate plan, but you may want to combine your will with a living trust to avoid the blind spots inherent in plans that rely solely on a will. READ MORE

Kobe Bryant’s Untimely Death Highlights the Vital Need for Estate Planning at All Ages

by Tara Cheever ~ Attorney at Law February 15, 2020 Estate Planning

The death of Kobe, his daughter, and the others is overwhelmingly tragic and heartbreaking. The entire matter is terribly painful. It highlights our mortality and that our tomorrows are not promised. We cover these issues in hopes that it will inspire you to remember that life is not guaranteed, death can come at any moment, and your loved ones are counting on you to do the right thing for them now. READ MORE

The SECURE Act’s Impact On Estate and Retirement Planning—Part 1

by Tara Cheever ~ Attorney at Law January 24, 2020 Estate Planning, Retirement Planning

The changes ushered in by the SECURE Act have dramatic implications for both your retirement and estate planning strategies—and not all of them are positive. While the law includes a number of taxpayer-friendly measures to boost your ability to save for retirement, it also contains provisions that could have disastrous effects on planning strategies families have used for years to protect and pass on assets contained in retirement accounts. READ MORE

The SECURE Act: How Does It Affect Your Retirement Accounts?

by Tara Cheever ~ Attorney at Law January 8, 2020 Estate Planning, Retirement Planning

On December 20, 2019, President Trump signed the Setting Every Community Up for Retirement Enhancement Act (SECURE Act), which became effective on January 1, 2020. The Act is the most impactful legislation affecting retirement accounts in decades. It will have a positive impact for many older Americans but could have negative tax consequences for many beneficiaries of their retirement accounts. READ MORE

Productivity Tips for the New Year

by Tara Cheever ~ Attorney at Law December 26, 2019 Estate Planning

Are you feeling bogged down in a swamp of clutter, deadlines, and incomplete tasks? As we draw closer to the end of the year, make it your goal to do a few simple things over the course of a day or two that will result in increased productivity and peace of mind for 2020. READ MORE

4 Tips For Discussing Estate Planning With Your Family This Holiday Season

by Tara Cheever ~ Attorney at Law December 4, 2019 Estate Planning

The holidays offer an opportunity to visit with loved ones you rarely see and get caught up on what’s been happening in everyone’s life. And though it might not seem like it, the holidays can also be a good time to discuss estate planning. In fact, with everyone you love, from the youngest to the oldest, gathered together under one roof, the holidays provide the ideal opportunity to talk about planning. READ MORE

Buyer Beware: The Hidden Dangers of DIY Estate Planning—Part 2

by Tara Cheever ~ Attorney at Law November 22, 2019 Estate Planning

Online planning documents may appear to save you time and money, but keep in mind, just because you created “legal” documents doesn’t mean they will actually work when you (or most importantly, the people you love) need them. Without a thorough understanding of how the legal process works and impacts family dynamics upon your death or incapacity, you’ll likely make serious mistakes when creating a DIY plan. READ MORE

Buyer Beware: The Hidden Dangers of DIY Estate Planning – Part 1

by Tara Cheever ~ Attorney at Law November 15, 2019 Estate Planning

In this way, relying on DIY planning documents is one of the most dangerous choices you can make. In the end, such generic forms could end up costing your family even more money and heartache than if you’d never gotten around to doing any planning at all. At least with no plan at all, planning would likely remain at the front of your mind, where it rightfully belongs, until it’s handled properly. READ MORE