When most people think about estate planning they think about how to leave financial assets—savings, retirement accounts, investment assets, or large assets such as a home—to their children, grandchildren or other loved ones. But our firm knows that estate planning is about much more than just money. In fact, once clients get beyond the big-ticket financial items and start considering the other assets or items they’d like to leave to their loved ones they often find that these “smaller items” involve far more concern and consideration than the finances.

Consider for a moment which items have meaning for you. What will happen to these items when you’re gone? The first things that come to mind are often family heirlooms: Your grandmother’s china, the engagement ring your father gave your mother; but what about items of significance to you in particular—a home library with antique books, a classical guitar collection, your personal inventory of artwork, or perhaps a valuable coin or stamp collection.

All too often these items of personal value are given only a vague mention as part of “the estate.” These personal items can end up either given away for a pittance at a yard sale, or they may cost hundreds of dollars in legal fees when siblings fight over them. Siblings often end up fighting and disowning each other over a disagreement about small items of personal value from mom or dad.

Luckily, you don’t have to leave the distribution of these items to chance. Our firm will work with you to create an estate plan that will not only pass your financial assets to your heirs, but also your beloved personal items as well. Perhaps you’d like to leave that home library to your literary niece along with a modest sum to help her buy bookshelves. Your classical guitar collection might be most appreciated by your local music center, along with a financial donation to put toward a musical scholarship program.

Artwork, coin collections, stamp collections—these “small” items can be the Achilles’ heel of an estate plan if not given the consideration they deserve; but it doesn’t have to be that way. With the right planning you can leave your cherished personal items in the hands of appreciative people who will care for them. Contact our office today and let us help you provide for the people—and things—you love most.

In a multi-cultural, multi-religious country such as ours the subject of personal faith or religious beliefs is one that many advisors are reluctant to bring up. Some advisors are afraid of offending their clients, other advisors may simply feel that religion has no bearing on the financial service they provide; but a recent article in the Wall Street Journal questions this assumption and asks is there a circumstance under which business and religion should mix?

The WSJ article takes the view that yes, there are circumstances when religious beliefs do have a bearing on financial matters. For example, “Making sure a client’s living will and health-care proxy are in line with his or her religious beliefs—or lack of belief—should be a priority for advisers.” Additionally, creating a “‘family values and mission statement,’ which typically includes a section about the family’s ‘spiritual values’… [can help a client] gain clarity about their family’s priorities.”

When it comes to estate planning, religious beliefs and values are often a very large part of the planning process. Parents and grandparents hope that they can leave a moral and financial legacy, and how you choose to do this will have a significant effect on your estate plan. In order to serve their client to the fullest an estate planning attorney has to know which questions to ask and how to listen with an open mind in order to ascertain the complete scope of a client’s goals and help our client achieve those goals.

Including religious beliefs in an estate plan won’t be a priority for everyone. But for those who do wish to address the subject, they may find it’s not so easy to jump right into the topic with a relative stranger. The most natural place to start is often with a healthcare directive or living will, where you will want to include your end-of-life wishes and memorial instructions. Discussing values in this context can often lead to a greater discussion of how to pass your values on to your heirs through your will or trust as well.

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All of our readers know just how important—how essential—a will is to protecting your family after you pass away. Leaving clear and tangible instructions can prevent family infighting as well as hurt or unsettled feelings; and leaving a legally airtight will can prevent wasted time and money in unnecessarily long probate proceedings. But for all of this, there are a few assets that your will may not be able to address.

This article in CNN Money describes three assets that could cause you to “unwittingly disinherit intended beneficiaries, including your children, from significant portions of your estate,” namely your 401(k) plan, your IRA account, and your life insurance.

You can name anybody you’d like as a beneficiary in your will, but when it comes to 401(k) plans it’s your spouse who is entitled to the money when you die. “If you want to leave a 401(k) to someone else, your spouse must first file a written statement waiving rights to it.” Even a prenuptial agreement won’t help if you want to keep your 401(k) assets out of the communal pot, you’ll have to convince your spouse to sign a waiver after you’ve tied the knot. “A person can’t give up spousal rights to inherit a 401(k) until actually married. ‘A prenup by itself is not a valid waiver according to the rules governing 401(k) plans.’”

Who will inherit your IRA or your life insurance is a little easier to control than who will inherit your 401(k). In the case of IRA or life insurance accounts the person named as the beneficiary on the account will always take precedence over a beneficiary named in your will. The most common inheritance issues we see with these accounts is when people forget to update their beneficiary forms after a significant life change such as a divorce or the birth of a child. In these cases it’s important to review and update your beneficiaries every 2-5 years to ensure there’s no confusion between your will and the designated beneficiary on the account.

Having a will is important, but a will is simply one piece of a whole plan—a plan that likely includes many pieces. Being aware of all the pieces of your estate plan, and keeping those pieces working together and in harmony, is essential to ensuring that your family and your legacy is protected. Our office can help.

If you have a child with special needs, planning your estate takes on a whole new dimension; especially, as this article in Forbes points out, now that “state and local governments are tightening income restrictions for medical benefits and supportive services, which are typically paid for by Social Security and Medicaid. Those services are tough to find—or afford—in the private sector for many adults with disabilities so severe that they can’t live alone… As a result, it’s increasingly important to structure an inheritance in a way that won’t disqualify a child for such benefits down the road.”

Structuring an estate plan with a special needs child as a beneficiary takes special consideration. Because a direct inheritance could disrupt that child’s public benefits, “some parents simply leave another child all their assets in their will. If there are three children, they might leave two-thirds to the child who lives closest to the one with special needs.”

Unfortunately this particular strategy is rife with possible dangers. The heir may be tempted to use his special needs sibling’s money for his own purposes, or could decide he’s simply tired of being a caretaker. Even worse, the heir could pass away unexpectedly, in which case the entire inheritance would go to the heir’s spouse or children, with nothing left for the special needs child.

The article gives a number of suggestions for safe and reliable ways to leave your special needs child an inheritance, including leaving property to your child in a Qualified Personal Residence Trust, setting up a housing collective, and the tried-and-true option of a Special Needs Trust. But we know that each family is going to have different needs and goals, and there isn’t one solution that will work across the board.

If you have a special needs child your very best course of action is to contact a knowledgeable and experienced attorney to help you understand your options and choose the one that will best protect your child.