When you think about estate planning, your mind may first turn to providing for family and loved ones. But have you considered what happens to your pets if something happens to you? Just like any other family member, your pets deserve care and attention after you're gone or in the event of incapacity. Estate planning for pets allows you to ensure they will continue to receive the love and care they deserve.

In California, you can create a pet trust under California Probate Code §15212. This legal arrangement lets you set aside funds for your pet's care and name a caretaker who will be responsible for their well-being. The trustee you appoint will manage the trust's assets to ensure they are used according to your wishes. This can cover everything from food and vet bills to grooming and activities that keep your pet happy and healthy.

If setting up a trust isn’t necessary for your situation, you can also include provisions for your pet in your will. By naming a responsible person to take over the care of your pet, you can have peace of mind that your beloved companion will be well cared for, even if you are no longer able to do so yourself.

Planning for your pet’s future doesn’t have to be complicated, but it does require careful thought. You’ll need to choose a caretaker and trustee who are up to the task, and be sure to fund the trust with enough assets to cover your pet’s needs. Whether your pet is furry, feathery, or scaly, estate planning is a thoughtful way to ensure their continued care and well-being.

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.
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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.
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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.
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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.
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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.
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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.
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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
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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: [email protected]; 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   [email protected]    http://www.cjwatterslaw.com
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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   [email protected]    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   [email protected]    http://www.cjwatterslaw.com