Are you like the groundhog? Are you the type to peek-out, see your shadow, and go back in to your safe warm place?  Or do you step out and face the day head on?

Interestingly enough, the tradition of the groundhog being afraid of seeing his shadow is a recent phenomenon.  The tradition started as a medieval superstition that all hibernating animals (not just the groundhog) came out of their caves and dens to check the weather in early February.  If the animal could see their shadow, it meant winter could go on for another 6 weeks (which meant they could go back to sleep!)  A cloudy day meant spring was just around the corner and they could venture out.  As you can see, shadow didn’t “scare” the animal back into the safety of their den.  It was simply an alarm clock of sorts!

So with that myth dispelled, I also want you to stop using the fear of your mortality as a reason for postponing doing your own will or trust or putting a plan in place (health care power of attorney and living will) for your medical care in the event you cannot make these decisions for yourself.

Simply think of estate planning as a way to ensure that your legacy will go to the people you want, in the way you want, when you want.  It will also allow you to save your loved ones potential court costs, attorney’s fees and most importantly, will allow them to mourn your loss without the added burden of the distribution of your estate being uncertain.

So, as we see all the news and excitement surrounding Punxsutawney Phil this year, take a long look at yourself and see if you are ready to make sure your family is taken care of no matter what.  If your plans are lacking, I invite you to give me a call to discuss your options.

By simply mentioning this article, you can come in for a Peace of Mind Planning Session for only $250 (normally $750).  However, this offer is limited to 5 per month so call 704-843-1446 to reserve your space today.

We all get busy and we all put things off on a daily basis.  Most of the things we delay in getting done,  like grocery shopping and getting gas, will probably not dramatically change your life if you get to it on Friday instead of Wednesday.

But, putting off getting your Estate Plan in writing may have a major negative effect on the rest of your life as well as that of your family if you keep saying that you will get it done someday.

Don’t put it off anymore.  Call our Charlotte Wills and Trust Law Firm at (704) 843-1446 and let us help you start to get the best plan for you and your family in place TODAY!!

Whether you are healthy or ill, wealthy or poor, young or old, Estate Planning does not discriminate.  Everyone needs to have a written plan in place. Come find out what steps you need to take to get your affairs in order and why you need to do them NOW!

Host:            Presbyterian Buddy Kemp Cancer Support Center

Location: 242 S. Colonial Avenue, Charlotte, NC 28207

Time:            6:00 p.m. – Light dinner will be served

Cost:             FREE!

RSVP: Call the Center at 704-384-5223 or Sabrina Winters at 704-843-1446

If you cannot attend and do not have any written plans in place, I encourage you to contact our Charlotte, North Carolina Estate Planning firm at (704) 843-1446 to schedule your planning consultation.

HOPE TO SEE YOU THERE!

Twas the night before Christmas, he lived all alone,

in a one bedroom house made of plaster and stone.

I had come down the chimney with presents to give

and to see just who in this home did live.

I looked all about, a strange sight I did see, no tinsel,

no presents, not even a tree.

No stocking by mantle, just boots filled with sand,

And on the wall pictures of far distant lands.

With medals and badges, awards of all kinds,

A sobering thought came to my mind.

For this house was different, so dark and so dreary,

The home of a soldier, now I could see clearly.

The soldier lay sleeping, silent, alone,

Curled up on the floor in this one bedroom home.

The face was so gentle, the room in such disorder,

Not how I pictured a United States soldier.

Was this the hero of whom I’d just read?

Curled up on a poncho, the floor for a bed?

I realized the families that I saw this night,

Owed their lives to these soldiers who were willing to fight.

Soon round the world, the children would play,

And grownups would celebrate a bright Christmas day.

They all enjoyed freedom each month of the year,

because of the soldiers, like the one lying here.

I couldn’t help wonder how many lay alone,

On a cold Christmas eve in a land far from home.

The very thought brought a tear to my eye,

I dropped to my knees and started to cry.

The solder awakened and I heard a rough voice,

“Santa don’t cry, this life is my choice;

I fight for freedom, I don’t ask for more,

My life is my God, my country, my corps.”

The soldier rolled over and soon drifted to sleep,

I couldn’t control it, I continued to weep.

I kept watch for hours, so silent and still,

And we both shivered from the cold evening’s chill.

I didn’t want to leave on that cold, dark night;

This guardian of honor so willing to fight.

Then the soldier rolled over, with a voice soft and pure,

Whispered, “Carry on Santa, it’s Chrismas day, all is secure”.

One look at my watch, and I knew he was right.

“Merry Christmas my friend, and to all a good night.”

The realistic answer is probably.  The process may become overwhelming for that executor that is appointed.  Often times they are working, have families, and may even be out of state.   Much of the work in a probate  can be done via the mail.  Although, it tends to become cumbersome because assets need to be located; documents need to be forwarded to the institution, etc.  Sometimes, notice to creditors needs to be filed and it needs to be done in a specific manner. Do you know the language that has to be included? Do you know when the time starts running?  Do you know when it ends?

There are several filing deadlines that must be met as well.  There are tax issues that need to be considered as well as distribution requirements.  Making a distribution at the wrong time may have drastic financial penalties associated with that distribution.  Do you know when you can start distributing money?  Do you know when you can’t?
So there are ins and outs to the probate procedure that the typical executor may not know or understand.  Executors can ask the Clerk at the Probate’s court certain questions, but they are not permitted to give legal advice.  The Clerk can only give procedural advice and will more likely suggest that you speak with an attorney regarding your question.

I have retained many new clients in the middle of trying to do it themselves for several reasons.  The most common one has been that they just cannot handle all the details on their own.

If you have been appointed as an executor or administrator and need help in settling the estate, call our Charlotte, North Carolina Probate Law Firm at 704-843-1446 to help you.  We will be honest with you and tell you whether you really need us or not.

The value of your estate really does not dictate whether you need a Will or not.  If your estate is small or large, you still need somewhere for your assets to go.  If you want your assets to pass to whom YOU want, you need to put it in writing.  If you don’t have a Will, North Carolina basically has written your Will into the statutes and ultimately decides FOR YOUR who gets your assets.  These individuals may ultimately be the same as you would have chosen, but often times they are not.

So if you want to retain control after you pass, my suggestion is put it in writing, have a Will or have a Revocable living trust and make sure that your wishes and not those of North Carolina are followed.

If you are ready to take control, call our Charlotte Wills and Trust law firm at (704) 843-1446 and we will help create a plan that conforms to your wishes.

1. Executor  (to handle the collection and distribution of your estate);
2. Guardian of minor children (to raise your minor children);
3. Trustee of a trust for your children (to manage any assets left to your children);
4. Trustee of a Revocable Living Trust  (in case you become incapacitated);
5. Agent to make health care decisions  (make medical decisions for you when you cannot do it yourself);
6. Agent to make financial decisions (to help you with your finances)

Prior to naming any individual you should always first speak to him or her.  Ask if they want to have the responsibility should they ever need to step in.  If you know their feelings before you put your plan into place you have saved yourself and your loved ones a great deal of heartache.

Ask the person you wish to be the guardian of your children if they are comfortable doing that.  Have an open discussion with them on how you would like your children raised; what values are important to you that your children be taught.  A very good friend of mine asked if I would be the guardian of her two boys if something happened to both her and her husband.  As much as I loved her and her family, I could not do it.  I was already named as the guardian for my sister’s two boys and my sister in law’s two girls.  If something happened to my friend first then how could I possibly be able to care for  an additional 4 children?

Ask your Health Care agent if they would feel comfortable withholding certain treatments that you want withheld.  I did not think that I could be able to make those decisions for my parents and I was honest with them when we put their plan together.  We named my other sibling who said she would be comfortable making those types of decisions for them.

In order for you to get an honest answer you have to be able to explain to them what their actual role would entail.  If you need help in figuring out what everyone’s role is and how to have the discussions, call our Charlotte Wills and Trust Firm at (704) 843-1446 and we will help either facilitate a Family Meeting or assist you figuring out who to name.  This isn’t the time for saying the right thing; it is the time for honesty and openness.

Did you…

1. get married or remarried?
2. get divorced?
3. have more children?
4. add grandchildren to the family?
5. increase life insurance policies or add additional ones?
6. become an empty-nester?
7. Retire?
8. increase your assets significantly (through employment or inheritance for example)?
9. inherit assets?
10. have children who were married and now are divorced?

Of course, this is not a complete list, but a good starting point.  If you have a plan and would like us to review it for you to make certain that it still reflects your wishes, call our Charlotte, North Carolina estate planning firm at 704-843-1446.

When we finally spoke she told me that she had been in a pretty serious car accident two days prior.  She was driving and her 15 year old daughter was in the front passenger seat.  She was making a left hand turn at the green light and someone who was not paying attention ran the red light and hit her car in the passenger side where her daughter was sitting.  They thankfully are both fine, some bumps and bruises and certainly some sleep less nights will be part of their future.

She was able to get out of the car, but her daughter was pinned in the car and having trouble breathing. I asked her if anyone helped her out of the car and she said she was not going anywhere until her daughter was out of the car.  It took the paramedics 30 minutes to get her daughter out.

At first I couldn’t understand why I wasn’t one of the first people she would have called.  I mean, this was a big deal and we have called each other for such trivial things in the past.  After she explained further the details of the car accident, I understood why. She was struggling with her own mortality and leaving her children behind.  How could she share those feelings with anyone when she was struggling to process it on her own?

The worst part of the accident she told me was being so helpless and having to watch as the paramedics struggled to remove her daughter from the car.

My reason for sharing this story is to remind us all that none of us know our own destiny.  We cannot predict the future and at any time, something could happen to us. It doesn’t always depend on age, how careful we are or how healthy we are. There are always things that are out of our control…to some degree.

Get your Will or Trust and nomination of guardians for your minor children and advanced directives in place TODAY! Tomorrow may be too late!

The annual gift amount per year per person will remain at $13,000.00.