When caring for a loved one with special needs, planning for their future is crucial. Many families face uncertainty about how to provide for their child or dependent when they are no longer able to. Special Needs Estate Planning is a powerful way to ensure your loved one is cared for without losing access to essential public benefits like Supplemental Security Income (SSI) and Medicaid.

Why a Special Needs Trust?
Simply leaving assets to a person with special needs through a will or inheritance can inadvertently disqualify them from government programs. These benefits are often means-tested, meaning that if a beneficiary’s financial assets exceed a certain threshold, they may lose access to crucial resources like healthcare, housing, or income support.

A Special Needs Trust solves this problem. This type of trust is specifically designed to hold and manage assets for a person with disabilities without affecting their eligibility for public benefits. The funds in a Special Needs Trust can be used for a wide range of life-enhancing purposes, such as:

• Medical treatments not covered by Medicaid
• Education and vocational training
• Entertainment, travel, and hobbies
• Transportation, including vehicle maintenance
• Assistive technology and specialized equipment

By using a Special Needs Trust, you ensure your loved one has access to these resources without the risk of losing public assistance.

Setting Up a Special Needs Trust
The process of establishing a Special Needs Trust requires careful planning. You will need to name a trustee, who is responsible for managing the assets and making distributions on behalf of your loved one. It’s important to choose someone who understands both the financial and personal needs of the individual with disabilities. This could be a trusted family member, a professional trustee, or a financial institution.

Additionally, a Special Needs Trust can be either a standalone document or part of a larger estate plan. Many families choose to fund the trust through life insurance policies, ensuring that assets will be available to support their loved one after their passing.

Peace of Mind Through Planning
Special Needs Estate Planning is about more than just financial security—it’s about providing peace of mind for the future. With a well-crafted plan in place, you can rest assured that your loved one will be cared for, their needs met, and their public benefits protected.

By working with an experienced estate planning attorney, you can create a strategy that protects your loved one’s future while maintaining their quality of life.

Why Virtual Estate Planning Meetings Are a Game Changer
​
In today’s fast-paced world, finding time to sit down with an estate planning attorney can feel like a challenge. Between work, family commitments, and daily responsibilities, it’s no wonder many people delay this crucial task. That’s why the option of meeting virtually is transforming the way people approach estate planning.
​
One of the most significant benefits of virtual meetings is the sheer convenience. You no longer need to drive to an office, navigate traffic, or deal with parking. Instead, you can meet with your attorney from the comfort of your home or office. This flexibility is particularly helpful for those with tight schedules, mobility issues, or who live far from their attorney’s office. With just a few clicks, you can schedule a time that fits into your busy day.

Virtual meetings also allow for more relaxed and focused conversations. Being in a familiar environment can ease the stress often associated with discussing sensitive topics like wills, trusts, or powers of attorney. You’re able to gather your documents, consult with family members, and prepare questions without feeling rushed or overwhelmed.

The transition to virtual meetings doesn’t sacrifice the quality of service. Attorneys can walk you through every step of the estate planning process, from drafting documents to reviewing legal strategies, all via secure video conferencing. The entire process can be done online, including securely signing and exchanging documents, making it seamless from start to finish.

Virtual consultations offer the same personalized experience as in-person meetings, with the added convenience and flexibility to fit estate planning into your life. So, if you’ve been putting off planning for the future, now is the perfect time to take advantage of this modern, hassle-free approach.

In an era of online tools and digital solutions, do-it-yourself (DIY) estate planning programs seem like a convenient and low-cost option. But while these platforms may offer templates and step-by-step instructions, they often fall short in providing the comprehensive legal advice you need to ensure your estate plan is effective and complete. In contrast, meeting with an experienced estate planning attorney—virtually or in person—offers significant advantages.

Personalized Planning vs. Generic Templates
One of the key differences between DIY estate planning programs and working with an attorney is personalization. DIY programs are designed to cater to the masses, offering generic templates that are easy to fill out but may not be specific to your needs. Estate planning is not a one-size-fits-all process. Every family has unique financial, personal, and legal needs that must be addressed.
​
A virtual attorney, on the other hand, offers tailored solutions. They can take the time to learn about your unique situation, such as:

• Family dynamics, including blended families
• Trusts for minor children or individuals with disabilities
• Protecting your business or personal assets
• Handling complex tax issues

With a DIY program, you’re expected to know all of this and more—without the benefit of expert guidance. A virtual attorney can explain your options in detail and help you make informed decisions that reflect your values and priorities.

Avoiding Common Mistakes
DIY estate planning programs leave you vulnerable to errors that could undermine your entire estate plan. These programs often don't offer in-depth guidance on how to structure your documents, how to word specific provisions, or how to update your plan as your life circumstances change.

For example, if you create a will but forget to name an executor, or if you create a trust but fail to fund it correctly, your estate plan may not function as intended. Mistakes like these are common when using DIY tools, and unfortunately, they often aren’t discovered until it's too late.
​
A virtual attorney not only ensures that your documents are legally sound but also reviews every detail to catch potential errors. By working with a real attorney, you avoid the costly mistakes that could arise from using a program that leaves you on your own.

​​Legal Expertise You Can Rely On
Laws change, and each state has its own set of regulations when it comes to estate planning. DIY programs may not always be updated to reflect the latest legal changes, which can make your documents outdated or even invalid. A virtual attorney stays current on estate laws in your state and ensures your estate plan complies with them.

Additionally, when you work with a virtual attorney, you have the benefit of a real professional who can answer your questions and guide you through difficult decisions. Whether you're concerned about taxes, asset protection, or care for loved ones with special needs, an attorney can provide insights that an online program simply cannot.

Ultimately, while DIY estate planning programs may seem like an easy and cheap solution, they can’t match the value, expertise, and personal touch of meeting with a knowledgeable attorney—virtually or otherwise.

Caring for a loved one with special needs involves more than just day-to-day support—it also requires long-term planning. One of the most important aspects of this planning is ensuring they can receive an inheritance or financial support without losing eligibility for government benefits like Supplemental Security Income (SSI) or Medicaid.
​
The Risk of Disqualification
Both SSI and Medicaid have strict income and asset limits. If a person with special needs inherits a lump sum of money through a will or is given assets outright, it could push them over these limits, causing them to lose access to vital benefits. This would mean they no longer qualify for healthcare coverage, housing assistance, or monthly income.

Losing these benefits could be devastating. Public benefits often provide the foundational support that individuals with disabilities rely on for basic necessities like medical care and housing. That’s why it’s essential to plan carefully, ensuring that any financial support you leave doesn’t inadvertently disrupt their eligibility.

The Role of a Special Needs Trust
A Special Needs Trust is a valuable tool to avoid this problem. This trust holds assets on behalf of a loved one with disabilities without those assets being counted against the person’s eligibility for public programs. The trustee—who is chosen by you—distributes funds as needed for the beneficiary’s supplemental needs, such as:

• Personal care attendants or specialized therapy
• Transportation, including purchase and maintenance of a vehicle
• Medical treatments and dental care not covered by Medicaid
• Vacations, entertainment, or cultural activities
• Home modifications or assistive technologies

By structuring the trust correctly, the individual can still receive their government benefits, while the assets in the trust are used to enhance their quality of life.

Creating a Long-Term Plan
The first step in establishing a Special Needs Trust is working with a knowledgeable attorney who understands both estate planning and the specific rules that govern SSI and Medicaid. Together, you can craft a comprehensive plan that includes selecting the right trustee, funding the trust through life insurance or other assets, and ensuring all legal requirements are met.

In addition to the trust, your estate plan should include a healthcare directive to provide holistic care for your loved one. This ensures their physical, emotional, and financial needs will be met, both now and in the future.
​
Planning ahead with a Special Needs Trust gives you peace of mind, knowing that your loved one will be protected and supported even when you are no longer there to provide direct care.

Our pets offer us unconditional love and companionship, and for many of us, they are more than just animals—they are family. However, many pet owners overlook what will happen to their pets in the event of their incapacity or death. Including your pet in your estate plan ensures that their care will continue seamlessly if you are no longer able to provide it.

One of the most effective ways to ensure your pet’s well-being is through a pet trust. This trust allows you to designate both a caretaker and a trustee. The caretaker will handle the day-to-day needs of your pet, while the trustee manages the finances, ensuring that the caretaker has the necessary funds to provide proper care. You can outline specific instructions, such as dietary needs, medical care, and even preferred activities, ensuring that your pet’s routine and happiness are maintained.

I​f a trust isn’t the best option for your circumstances, you can also create provisions in your will. A will allows you to name a guardian for your pet and specify how they should be cared for. However, keep in mind that a will may not be as flexible as a trust, especially if you want ongoing oversight of your pet’s care.
​
By planning ahead, you are giving your pet the gift of continued love and care. Consulting with an estate planning attorney who understands your passion for animals will help you craft a plan that meets your pet’s needs and secures their future happiness.

Estate planning is one of the most important steps you can take to protect your family and assets, but many people find the process daunting and time-consuming. With the option to meet virtually, working with an estate planning attorney has never been easier or more convenient.

Gone are the days of needing to drive across town, find parking, and carve out hours from your busy day for an in-person consultation. Virtual meetings allow you to meet with your estate planning attorney from the comfort of your own home, eliminating the stress and hassle of scheduling conflicts and commutes. All you need is a computer or smartphone, and you’re ready to get started.
​
Virtual meetings not only save time but also offer flexibility. Whether you’re a busy professional, a parent managing a household, or someone with mobility challenges, the option to meet online offers a level of convenience that’s hard to beat. You can schedule appointments at times that work for you, without the worry of rearranging your day or losing precious hours in traffic.

​Despite the shift to online, the quality of service remains the same. During a virtual consultation, you’ll still receive personalized, one-on-one attention from an experienced estate planning attorney. You can discuss your goals, ask questions, and review documents just as you would in person. Plus, with secure online tools, signing documents and exchanging information is safe and efficient.

By offering virtual meetings, attorneys make the estate planning process more accessible to everyone. Whether you're drafting a will, setting up a trust, or planning for your pet's future, you can now do it all without leaving your home.

​As part of my estate planning services I encourage people to consider prearrangement for their funeral services.  This is a gift to your loved ones in the truest sense of the work. Knowing your wishes for your final resting place removes a burden and allows your loved ones to remember you without wondering what exactly your wishes may have been.
 
4 Reasons to Preplan:

• You can take more time to decide what you want
• You get to make the choice on how you want to be remembered
• It takes the burden off your family and friends
• It gives you the choice of pre-paying

Many times people don’t want to think about their funeral services, so they put this important part of preplanning off, thinking they will get to it next month or next year. This leaves your loved ones at risk of having to make these decisions when they are grieving.
 
Can you answer these questions?

• Do you know where to start when it comes to making arrangements for your last wishes and what your preferences?
• Do you know what is necessary and what isn’t when it comes to final arrangements? 
• Did you know that most funeral homes are owned by large, for profit corporations? 
• Do you have the important documents organized and accessible that your loved ones will need if you become incapacitated or die unexpectedly?

 
If you want to know the answers to these questions and how to get started
We have a helpful and free helpful E-Planning Guide

This guide is from a local business, Cochrane and Wagemann Funeral Directors 
The guide will walk you through the Preplanning Process and includes helpful checklists along with forms for vital information.  
 
Consider a family owned community focused funeral establishment an individualized and meaningful tribute to you and your loved ones.

For more information on Estate Planning and Trusts, contact The Law Offices of Colleen J. Watters
​

I know firsthand about the loss of a beloved pet. We know are pets will not live forever but when that time comes it can be devastating. Tears still come to my eyes years later when I remember my past pets and how much joy they brought to my life. I wish there was helpful  information available as I moved through the grief. 

Good news  – there is help right here in Sacramento

The information below if offered from Treasured Pets located in Sacramento California.  You can learn more on the website www.treasuredpets.net

Grieving the Loss of a Pet Whether your pet recently passed from your life, or your loss happened months (or even years) ago; the weight of the grief you carry can often feel very heavy. In the early days after the loss, you can be overwhelmed by pet loss grief. Not only is your heart broken, but your day-to-day routine is disrupted; leaving you feeling adrift in your own life.  

“Pets devour the loneliness. They give us purpose, responsibility, a reason for getting up in the morning, and a reason to look to the future. They ground us, help us escape the grief, make us laugh, and take full advantage of our weakness by exploiting our furniture, our beds, and our refrigerator. We wouldn't have it any other way. Pets are our seat belts on the emotional roller coaster of life--they can be trusted, they keep us safe, and they sure do smooth out the ride.” ~Nick Trout, Tell Me Where It Hurts: A Day of Humor, Healing and Hope in My Life as an Animal Surgeon
​
We know how much it can hurt to lose a loving companion; a gentle being that joyfully enriched our lives is gone. After all, many hours are spent in the company of our own family pets and we have lost many of those we came to love so dearly. Also, our professional lives provide us with many opportunities to witness the hardships of pet loss firsthand. Without doubt, we are very privileged to walk alongside grieving pet owners; they are always sure to remind us about the value of both love and loss.

Pet Loss Grief is Inevitable"Sadly," begins the Pet Loss resources page of the ASPCA website, "everyone who cares for a pet will one day face the illness, old age or passing of their beloved animal friend." Somehow, as our hearts open to a new pet, we easily choose to forget that fact, don't we? You could say it's a trick of the heart; a willful amnesia of sorts. Yet, when they pass from our life, we remember the essential truth: this loss was inevitable. And the grief we feel can be surprisingly intense, as well as long-lasting.

The Intensity in Grieving the Loss of a PetIn the 2012 Washington Post Health & Science article, "The Death of a Pet Can Hurt as Much as the Loss of a Relative" (see Online Sources for the complete citation), author Joe Yonan candidly wrote of the intensity of the grief he experienced upon the passing of two canine companions. He notes that although the anguish of his grief over the deaths of his father and sister was intense; when his beloved canine friend Red passed away..."somehow, and much to my distress, the death of my dog seems even harder. I haven’t felt grief quite like this since, well, the death of my previous dog five years ago."

Linda Lipshutz, a psychotherapist with degrees from Cornell and Columbia is also very much aware of the intensity of pet loss grief. She's the author of the Huffington Post blog post "Losing a Pet May Cause Inconsolable Grief", and writes, "When an individual forges an intense bond with a beloved pet, the passing of this creature may be an excruciating loss. Those of us who've never established this level of connection with animals may not be able to fathom this pain." So, how do you best handle the depth and breadth of emotions which are part of pet loss grief?

Steps You Can Take to HealJoan Didion, in her book, The Year of Magical Thinking, refers to grief as a passive experience and mourning as an active one. Taking that as true, part of your pet loss grief will involve shifting from the relatively inactive experience of the emotional, physical and psychological effects of loss; into taking an active role in your pet loss bereavement. In other words, you want to move through your pet loss grief, not just resign yourself to sitting in it. Here are some steps you can take to make that happen:

Work the process. Not surprisingly, Joe Yonan (the author of the Washington Post article mentioned above), chose to write about his loss to help him process the grief he felt. "I’m a writer, and I need to process my grief by writing," he said, "so that’s what I’m doing." Creativity, in all its forms (not only writing, but painting, sculpture, photography, ceramics, musical expression, wood carving...the list is almost endless) is a valuable tool for the bereaved, including grieving pet owners.

In the online article, "How Art Heals Grief" (source citation below), author Douglas Mitchell argues in support of expressive arts therapy. It "encourages movement of the imagination that we may struggle with during our grieving process...the arts invite the imagination of these stuck places to come to the surface in images, movement, color, and sound. Our art process releases the tension of grief, allowing it to expand and contract, while providing a safe container in which this process can take place. When we create, we give ourselves permission to examine all that is happening within our grieving bodies." Do what you can to bring your natural creativity into your grief work.

Establish a new routine. In his Washington Post article, Joe acknowledges the fact that Red's passing, as well as the loss of his companion Gromit five years earlier, "didn’t merely leave a hole in my single-person household; it was as if someone had rearranged my life, excising without my permission many of the rituals that had governed it." When it comes to adjusting to life without your pet, establishing new ritual patterns can certainly help. Instead of going for a walk every morning, as you did with your dog; spend the same amount of time doing something very different. Other suggestions about changing your daily routine include: run it as an experiment, commit to thirty (30) days, start simple and (of course) be kind to yourself. You're bound to fail once in a while.

Replace lost needs. Your pet gave you many things, including physical and emotional comfort. Now he or she is gone, how will you fill those needs? Certainly you won't be ready to bring a new pet into your life for some months; in the meantime, what can you do to nourish your spirit in the ways your animal companion once did? Consider pet sitting for a friend or co-worker, provide a foster home for rescued animals; or simply take every opportunity to "meet and greet" the domestic animals who stroll through your day.

Bring your grief out into the open. Joe also chose to "sit around and cry a little less and to grieve, publicly, a little more." But there can be problems with that; often times other people just don't understand what it is you're going through. They can grow openly impatient and less-than kind; effectively silencing grieving pet owners and inhibiting their ability to grieve. So spend time with people who understand your loss; people who affirm your right to grieve, and in your own unique way. Remember this: every human being, including you, has the right to grieve. But it's also our right to be consoled and our grief validated.

Refute any guilt."The fact that our pets are so dependent on us," Joe notes, "makes it all too easy to second-guess our decisions and descend into a pit of guilt. Shouldn’t I have known? Did I do everything I could?" This internal questioning is fairly common, but doesn't serve us in our pet loss grief,so it becomes vitally important for you to accept your feelings of guilt, work through them, and learn from all you've endured. 

One more thing. We know it can be difficult, but it's helpful to recognize the relationship you have with your pet will continue forever. It's changed, of course, but it still exists. It dwells in your memories, the keepsakes and photos that you treasure; and most of all, in your heart.
If you're having a difficult time grieving the loss of a pet, we urge you to call us at 916-348-4000. Any of our staff members can provide you with additional pet loss grief support resources.

Sources:
Yonan, Joe, "The Death of a Pet Can Hurt as Much as the Loss of a Relative", The Washington Post, March 26, 2012, accessed 2014
Lipshutz, Linda, "Losing a Pet May Cause Inconsolable Grief", Huffington Post, September, posted and updated 2013, accessed 2014 
Mitchell, Douglas, "How Art Heals Grief", Good Therapy, March, 2012, accessed 2014

          916-225-3570   [email protected]    http://www.cjwatterslaw.com

​My friend Shelley adopted Mazlo from the Effie Yeaw Nature Center in Carmichael California about 20 years ago.
 
He was living happily in her yard for about 5 years and then Monique showed up and moved in with Mazlo.  She may have been a wild turtle or an escaped pet turtle that was searching for a mate.
 
They lived happy and content for almost 25 years, and had several babies.  Only a few made it to maturity as they are subjected to a lot of stress from frozen ground to spring rains are eaten by various other wildlife. 
​
Last year Mazlo was eaten by a badger, (yes, we have badgers that live along the American River in Sacramento)  so Monique was moved to my house for safety. 

​Because they had offspring before I was pretty sure Monique may have laid some eggs after coming to my place.  Sure enough, I lifted the plywood off the enclosure one day in February and to my delight found one little turtle wandering around. Then I noticed a small hole in the dirt, stuck my finger in to lift the dirt a bit and saw another one.
​
I reached out to the Northern California Herpetological Society for help and was pleased to hear from Bill Bennett who has written several papers on caring for box turtles and other species.
​
Unfortunately, one of the babies passed away but the other one seems to be thriving. If you find a turtle in the wild it is best not to disturb them or move them from the area. If you have decided to adopt a turtle please seek guidance from a professional that knows what is best for your new friend. 

​Contact your local herpetological society or zoo to learn more about the care of your specific turtle.

There comes a time in our lives when we must think of family who will survive us and for many of us, that includes our pets and our animals. Many of us are horse owners, and although horses are not known to be 'pets', they are beloved family members none the less. As responsible horse owners, we know they trust us to provide for their complete care. From shoes and proper feed to exercise, vet visits and even euthanasia, our horses are no different than our other family animals. Those of us who cherish our animals as members of the family will do what it takes to make sure they are loved and cared for their entire lives.
 
The care of a horse includes specific needs which must be addressed properly to assure uninterrupted and continued good health and happiness. I recommend working with an estate planning attorney who is familiar with the animal's needs, especially those circumstances that come with horse ownership. I am honored to be one of those attorneys. Through my wide experience in this area, I am able to offer guidance and suggestions for the unique situations that come with being the guardian of all types of animals. I am honored to assist people in assuring the needs of their horse(s), and all other animals that depend on their care, are properly provided for in a comprehensive estate plan (Revocable Trust, Will, Durable Power of Attorney).
 
Providing for your pets doesn’t necessarily require a separate Pet Trust, but you do have to state your wishes specifically. If you wish to learn more about ensuring lifetime care of all your pets, including your precious horse(s), please contact my office. I look forward to serving you and your pets.