February 4

You Often Get What You Pay For

We have all dabbled with a do-it-yourself project at one time or another. When successful, a good do-it-yourself project can save money and boost self esteem. When unsuccessful, it provides an opportunity (if so desired), to learn from one’s mistakes and try again.

But not all projects are created equally. When it comes to estate planning, there isn’t always room for a second chance. And the cost of not getting it right the first time might be greater than you think …

In 2007, a woman named Katherine Webster attempted to help her uncle create an estate plan, the result of which was Katherine filing a lawsuit against LegalZoom (one of the biggest on-line providers of do-it-yourself legal documents in the nation).

Katherine’s uncle had been sick and was concerned about his health. He wanted to make certain his estate was in order. Katherine agreed to work as his agent and assist him in this endeavor. Using documents provided by LegalZoom, Katherine’s uncle completed his estate plan (including a trust and financial power of attorney). When Katherine (acting as agent) attempted to transfer her uncle’s assets into the trust, she learned the documents were not properly prepared, and thus the financial institution rejected them.

Consequently, Katherine and her uncle contacted LegalZoom’s customer service department. However, customer service was unable to provide much assistance, as they were not licensed attorneys and therefore unable by law to provide legal advice.

Katherine’s uncle died in November of the same year. His estate remained unsettled. His attempt at do-it-yourself estate planning cost his estate thousands of dollars, and required the hiring of an attorney to straighten out issues with the financial institution.

The good news…

After more than two years, the matter of Katherine’s lawsuit came to a close and a settlement was reached.

The bad news…

Katherine’s uncle never received the peace of mind of knowing everything would work out, which is part of what an estate plan provides.

For questions on wills, trusts, or other estate planning options, please contact a qualified estate planning attorney.

January 4

Congratulations to Debra Leffler Streeter!

Congratulations to Debra Leffler Streeter!

Debbie who served as President of the North County Bar Association in 2014, was recently issued a certificate of recognition from the very same organization.

Debbie remains an active member of the NCBA, as well as a huge advocate and supporter. Her recognition was awarded for “outstanding dedication.”

December 4

Make Sure Your Final Wishes aren’t Clouded in Mystery

Make sure your final wishes aren’t clouded in mystery…

Many people associate the need for a will and trust with wealth. In truth, wills and trust benefit the non-wealthy more, as the wealthy can afford the increased taxes and long delays created by probate. Of course the benefit to the non-wealthy might be greater, but the stories that best illustrate the need for wills and trusts are sometimes best illustrated by the wealthy. Here is one such story …

Howard Hughes …

In his youth, Howard Hughes achieved great fortune and fame as an aviator, engineer, philanthropist, and film producer.

During the golden age of Hollywood he dated screen legends like Bette Davis, Ava Gardner, Katharine Hepburn, Ginger Rogers, and Jean Peter.

Historians credit him for pushing the mob influence out of Las Vegas; a feat he accomplished by purchasing established Vegas hotels (some from known gangsters), improving the conditions and creating fair gaming policies.

All his accomplishments however, couldn’t protect Howard Hughes from the obsessive compulsive disorder or chronic pains which he suffered. As conditions worsened, he transitioned from a “bigger than life business tycoon” into a severe recluse. He began to abuse both over-the-counter and prescription drugs. On April 15, 1976 Howard Hughes died of kidney failure, presumably from a drug overdose.

Howard Hughes left behind an estate worth more than two billion dollars. After nearly three and a half decades of litigation, the Hughes’s estate settled. Twenty cousins shared what was left of his considerable fortune.

But here is the rub …

Hughes’ general attorney, Frank P. Morse claimed Hughes never intended for any money to be given to distant relatives. Instead, he wished for it to be given to the Hughes Medical Institute.

If true, what an unfortunate turn of events for such a prominent and powerful figure. If only Hughes had a will and trust, we would know for certain what his wishes were. Instead, much like the man himself, his final wishes remain clouded in mystery.

For more information on wills, trust or other estate planning matters, please contact a qualified estate planning attorney.

November 6

Love Your Lawyer!

Have you heard any good lawyer jokes lately? … Keep them to yourself!
Friday, November 6 is National Love Your Lawyer Day!

National Love Your Lawyer Day was founded by the American Lawyers Public Image Association (or ALPIA for short), in 2001. Originally introduced as, National I Love My Lawyer Day, the holiday is intended to change the often harsh public perception of lawyers. More so, it is the one day of the year dedicated to thanking and showing appreciation to our favorite lawyers or judges, for all the work they do the rest of the year (in their practice, on the bench, and in the community).

Okay. How do I show my support?

An easy way to show support is by simply not making any lawyer jokes or harsh comments about lawyers for the entirety of the day. Another is to call, send a card, or even a small gift to your favorite attorney.

This year however, ALPIA is upping the ante and pushing for self enforced fines. Which is to say; they are encouraging anyone unable to refrain from making a joke or criticism, to donate twenty dollars per infraction to the charity of their choosing.

One good deed deserves another…

Lawyers and Judges honored by National Love Your Lawyer Day are encouraged to perform at least one hour of pro bono work, or donate the equivalent time to charity.

As the holidays approach, we are all expected to share the cheer and be kinder to our fellow person. So, why not begin by taking a little time to say thank you to the lawyer or judge whose advice you found helpful? … Oh yeah … and please retire the joke about the lawyer, snake, road, and steer marks from your repertoire. … Yes, we get it. Yes, we have heard it. No, it doesn’t get better every time.

For information about wills, trust, or other estate planning documents, please contact a qualified estate planning attorney. … We bet you’ll find ours worthy of a thank you!

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