​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
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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   cj@cjwatterslaw.com    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. 
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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.
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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.

I have asked this question of my business owner clients and they often do not have an answer.  Although they have formed a corporation, the business incorporation documents to do not include language to cover these circumstances. 
 
If you are a sole business owner your business may be a risk if you should you become incapacitated.  You must have someone named as your agent to speak on your behalf if you are unable to speak for yourself. Believe me when I say, “This can happen.”  Last year I had to petition the court for a temporary conservatorship for a man that owned his business who had an unfortunate incident during a simple surgical procedure and spent months rehabilitating and unable to work. This meant his business needed to be sold immediately before the value started to drop.  His wife was not a co- owner of the business, there were no powers of attorney in place, and therefore a conservatorship was the only option for her to have authority to sell the business.

The cost of a conservatorship can run over $5,000.00, and can be avoided by having a good estate plan in place that is supported by language in your corporate documents.
 
If your business has one or more co-owners, you might must consider establishing an agreement that, upon any trigger event, especially the death of any owner, their interest is automatically purchased by the business or other owner(s). Known as a buy-sell agreement, this arrangement can ensure that beneficiaries of the departing or deceased owner (including spouses or other family members) don't unintentionally become owners. In the case of death, Llife insurance can be purchased or an irrevocable life insurance trust (ILIT) can be established to cover these buy-sell agreements and provide necessary liquidity.  For other triggers, such as an owner going through a divorce and needing to pay a spouse, an owner “divorcing” the business, or disability of an owner, the business should have a plan to fund in place.  In all cases, the buy-sell agreement should include a fair methodology for determining the value of the business at the trigger, as well as, every 2-3 years.  This enables the owner(s) to ensure that they have sufficient life insurance and to rest assured that they and their families will receive a fair value for their share of the business when, not if, a trigger event occurs.  Remember, all business partnerships end in death or “divorce.”

For more information and assistance with this step I recommend Jim Leonhard, CVA.  Jim is a business advisor with Exit Strategies Group. Email: jhleonhard@exitstrategiesgroup.com; Phone: 916-800-2716
 
At a minimum, a business succession plan should address the systematic transfer of the management and ownership of a business.

Management succession planning may include:

• Development, training, and support of successors.
• Delegation of responsibility and authority to successors.
• Outside directors/advisors to bring objectivity to the process (when necessary).
• Maximizing retention of key employees through equitable compensation planning for management, family/non-family employees, and active/inactive shareholders.

Ownership transfer planning considerations may include:

• Coordination between who will own the business and who will manage the business.
• Consideration of the best interests of the business and the owner's family.
• Timing of a transfer of the business during your lifetime. This may provide you with the opportunity to consult with the successor(s), and generally reduces the risk of a discounted sale of the business.

Once you have established your estate plan, make sure it stays sound by revisiting it at regular intervals or at key life events.

Many people review their estate plan at a regular frequency, often when they review their whole financial plan. This can be done annually, semi-annually, or quarterly; for estate planning specifically, the general recommendation is at least every three to five years or when there is a life event. You may want to get your attorney or tax advisor's help.

And, it's important to understand that the value of your business may continue to grow between the time you plan your estate and when you pass away, and that the taxable estate will include the value as of your date of death.
 
In addition to regular reviews, it’s a good idea to review and update your plan at life events like the following:

• The birth or adoption of a new child or grandchild
• When a child or grandchild becomes an adult
• When a child or grandchild needs educational funding
• Death or change in circumstances of the guardian named in your will for minor children
• Changes in your number of dependents, such as the addition of caring for an adult
• Change in your or your spouse's financial or other goals
• Marriage or divorce
• Illness or disability of your spouse
• Change in your life or long-term care insurance coverage
• Purchasing a home or other large asset
• Borrowing a large amount of money or taking on liability for any other reason
• Large increases or decreases in the value of assets, such as investments & businesses
• If you or your spouse receives a large inheritance or gift
• Changes in federal or state laws covering taxes and investments
• If any family member passes away, becomes ill, or becomes disabled
• Death or change in circumstance of your executor or trustee
• Career changes, such as a new job, promotion, or if you start or close a business

Reviewing your estate and business plan at regular intervals in addition to major life events will help ensure that your legacy, both financial and otherwise, is passed on in accordance with your wishes and that your beneficiaries receive their benefits as smoothly as possible.

916-225-3570   cj@cjwatterslaw.com    http://www.cjwatterslaw.com
​

The financial health of Non-profit organizations requires multi-pronged sources for funding  their mission. Gifts received through planned giving efforts are usually unexpected windfalls to the organization because the donor often has not revealed their gift prior to their death.
 
BOARD PARTICIPATION AND AWARENESS
A Board of Directors that understands the value of planned giving where each member has committed a portion of their estate to the organization is a great start to building a planned giving program. Board members should share their planned giving knowledge throughout their community in an effort to expand the organizations planned giving program. A strong planned giving program that sends a positive message starts with 100% participation by the board.
 
EDUCATING STAFF MEMBERS
Staff can be strong advocates for the organizations mission. It is important that all staff members are comfortable sharing information about all programs supported by the organization including the planned giving program. Staff should also be encouraged to participate in the planned giving program. Even a small gift makes a difference. The important thing to remember is their participation no matter how small the gift.
 
EDUCATING DONORS
Reaching out to your donor base to engage them in conversation is the first step to building a planned giving program. Consider your donor base, their interests, age group, geographical locations, etc. and create outreach, such as a seminar, that speaks to them personally. People are often reluctant to attend a seminar on planned giving for various reasons. The presentation title needs to grab their attention and make them want to attend.
 
EDUCATING LOCAL PROFESSIONALS
Reaching out to local professionals such as CPAs, Financial Advisors, and Attorneys is another great way to spread the word about your organization and your planned giving program. Educating the professionals about your organization’s mission and values gives them the information needed to share your work with their clients.
 
Colleen is an experienced presenter and speaker who enjoys speaking to community groups, charities, and local residents in Sacramento and Placer Counties.
 
916-225-3570   cj@cjwatterslaw.com    http://www.cjwatterslaw.com

A divorce affects a person’s estate planning documents and beneficiary designations.  

• When should you revise your Durable Power of Attorney and Advanced Healthcare Directive?
• Are you prepared and do you have a plan in place to assure assets received in a divorce proceeding are protected after the divorce is final?  

Before the divorce process has started:

• Powers of Attorney should be revised to remove the spouse.
• Beneficiary designations on separate property that is not involved in the divorce settlement should be revised to name the intended beneficiaries. (Life insurance, investment accounts, annuities, etc.) Review Calif. Family Law code §2040 for restrictions.

After the divorce is final:

• Establish a new Trust and/or Will
• Retitle assets (Real property, vehicles, timeshares, investments, etc.)
• Revise all beneficiary designations for assets received as part of the divorce settlement.

The process for creating an estate plan depends on the complexity of family and assets. A basic trust package includes: Revocable Trust, Certification of Trust, General Assignment, Will (with guardianship language if there are children under the age of 18), Durable Power of Attorney, Advanced Healthcare Directive, Trust Transfer deed.

The process can be completed within less than 3 weeks with two meetings with one conference call in between. Contact me if you would like to learn more about estate planning.

916-225-3570   cj@cjwatterslaw.com    http://www.cjwatterslaw.com

I was recently contacted by a non-profit regarding a handwritten will that named the organization as a beneficiary of the decedent's estate.  The will is being contested by family members and is now part of litigation that could become very costly.

I have seen this issue on more than one occasion. A persons intent to leave a charitable bequest is thwarted by poor planning, ambiguous documents and family members that feel they are not receiving their fair share of the estate. 

How can you assure your estate is distributed as you intended?

• Engage the assistance of an experienced Estate Planning attorney to prepare your Trust &/or Will.  
• Be specific regarding the non-profits you name as beneficiaries.  Include the name, tax ID, address and phone number for each charity. 
• Have your documents notarized, and do not rely on handwritten documents to fulfill your charitable intent.

These steps will help assure your gifts to charity are realized and not held up by costly litigation that accumulates legal fees which diminish the value of the gift. 

916-225-3570   cj@cjwatterslaw.com    http://www.cjwatterslaw.com

The American River Parkway is one of my favorite places to relax and unwind. Although most of my time these days is spent walking the trails, I highly recommend experiencing the trail via a bicycle. This well maintained trail is great for cycling enthusiasts of all levels.
​
I​nformation provided by TheAmericanRiver.com
The American River watershed has hundreds of miles of trails suitable for mountain biking. You can also ride the roads along the river or cross some of the many bridges. For more information on trails and groups, visit the sites below.

Mountain Biking Trails & Guides Folsom-Auburn Trail Riders Action Coalition (FATRAC) – This mountain biking group has three goals: maintain local trails, keep the public informed and ride. Site has info on group rides, trail maps, trail work parties, club meetings, photos of rides, advocacy issues and quarterly newsletter.

Mike’s Favorite Mountain Bike Rides – Includes a description and photographs of a 16-mile out and back trail ride from Salmon Falls Road down to Salmon Falls Bridge, plus links to many northern California rides.
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TahoeBike.com – Links page for mountain biking in California.
Road Cycling Trips & Clubs Beautiful Vista: Bicycle Rides in El Dorado – Great resource provides descriptions, mileages, elevations and printable maps for several dozen bicycle rides in El Dorado County. The rides vary in length from six to 50 miles, and all but one are suitable for road bikes. They also post a schedule of Wednesday evening group rides.

Bike Trails in Folsom – Photos of riders and construction on the trails in Folsom, and a link to a PDF of the extensive City of Folsom Bike Trail Map.

Central California Cycling – Lists Richard’s favorite bike rides, including the Coloma to Camino Century. Each ride link connects to a general description of the ride. The rides are configured for road bikes (no off-road routes). Most rides offer Century (~100 mile) and shorter options.

Sacramento Area Bicycle Advocates – A group that represents bicyclists. Their aim is more a safer trips by bike. Links to biking resources, classes and forums.

Sacramento Area Bikeway Maps – Six detailed bikeway maps for the Sacramento area, including an excellent map of the American River Parkway. An 11″ x 17″ PDF is available for download. Hosted by Sacramento Valley Cycling.
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Sacramento Bike Hikers – The oldest continually active cycling club in the Sacramento area, founded in 1968. Their focus is on recreational and tour cycling. Has photos, club ride and tour lists along with history and an online mailing list.

Sacramento Valley Cycling – Providing links to Northern California bike clubs, centuries and events, regional information, announcement, touring, Sacramento information, weather and bookstore.

Sacramento Wheelman – A non-profit organization for cycling and related activities based in Sacramento. The club was formed over 30 years ago and currently has over 700 members. It is well known for sponsoring the annual Sierra Century, a premier cycling event in northern California.

            916-225-3570   cj@cjwatterslaw.com    http://www.cjwatterslaw.com

You are invited to join me at Eskaton Village in Carmichael for a free presentation on the differences of a POLST and an Advanced Health Care Directive. This event is for seniors and their caregivers. If you know of anyone that has questions about Health Care Directives, let them know about the upcoming event or to contact me for a consultation.

When: July 27th
Time: 1-2 pm
Where: 
Eskaton Village
3939 Walnut Avenue
Carmichael, CA 95608

http://www.eskaton.org/village-carmichael.html