Author: Lockhart Gardner

Since incapacity before death is an 80 percent probability, you should plan for it. And you should plan to avoid a conservatorship if at all possible. A conservator, sometimes called a “guardian,” will have much more power than someone with “power of attorney.” Once a conservator or guardian has been appointed over you by a court, you lose your liberty, along with considerable rights over your...

  Conner was born in Seattle, Washington and moved to California before attending law school. Conner received his undergraduate degree in Political Science and English Language and Literature from Central Washington University in Ellensburg, Washington and his law degree from Whittier Law School. Conner also earned his Tax LLM from Loyola Law School and is currently working towards becoming a...

Forgive me, but I need to start this chapter with a statement that’s both brutal and true: A disability is often harder on a family than a death. Why? Because if you become seriously disabled, your loved ones will have to deal with many of the same legal issues as when you die, but they will also have to take care of you. A serious disability is not just difficult and draining for everyone,...

In my firm, we follow a highly defined process to make sure we’ve turned over every stone, followed up on every clue, leveraged our “lawyerly thinking,” and crafted the best possible estate plan for our clients. Our process happens to have ten steps. Your attorney may follow seven or fifteen steps. But make sure those steps can be fully articulated. If not, look elsewhere. Here’s a quick...

Two financial unknowns may erode our degree of confidence. Provided by Ascent Wealth Management Maybe you have been putting off planning for retirement because you think you have time, or you are not sure where to start. We are proud to share the following article from, Ascent Wealth Management, to help you manage your confidence and the uncertainties of retirement. Financial Uncertainties in...

Broaching the subject of estate planning with our aging parents can be difficult. Both sides may be reluctant to discuss difficult topics involving final affairs. It can be much more difficult however, if your loved ones pass without a plan in place and to watch their legacy be destroyed. What happens when you don’t have an estate plan? The reality is without an estate plan in place...

Any significant asset can be threatened by creditors, predators, and major relationship shifts like divorce. A good trust will take into account the highly specific dangers faced by your circumstances—both during your life, and when you’ve passed that asset on to your heirs. Suppose you own an apartment building and you have hired somebody to manage it. When you die, you pass the apartment...

If you read through Mistake #10, you now understand how a mere “last will and testament” does not provide the vital mechanisms offered by a living trust. A will can be partly disregarded by a judge or indefinitely delayed by probate. A living trust offers you the chance to bypass many of the frustrations of the probate, conservatorship, and guardianship systems. Do not, however, be tempted...

Much of the rest of this book will be about constructing a good living trust. But what is a living trust, exactly? As I explained briefly earlier in the book, you can think of a living trust as a kind of vessel, a bucket which you create, and into which you place your stuff. Some things, like IRAs, 401(k)s, annuities and life insurance do not go into the trust, (See Mistake #5). Basically,...

2019 is here and it’s the year to finally tackle creating your estate plan so your family, loved ones, and legacy are protected after you pass. Is this something you have been putting off? Are you wondering why you need an estate plan? Are you sure your existing plan includes all of life’s changes? Here are some of the reasons why it is so important to get started now. Estate Plans Are For...