ColleenWatters
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Preplanning/Prearrangements and Estate Planning

5/9/2019

11 Comments

 
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​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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WHO WILL TAKE CARE OF YOUR HORSE IF YOU SHOULD BECOME INCAPACITATED OR PASS AWAY?

1/2/2018

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From horses to hedgehogs, raptor to reptiles, I am passionate about assuring your pets are well cared for in case of your incapacity or should your pet out live you.
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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.

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

9/11/2015

1 Comment

 
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As an Estate Planning attorney I often work with people who are grieving and that requires me to be empathetic and understand grief as well as the grieving process. 

I work with people to set up their estate plans.  My practice also includes assisting clients in utilizing the documents when a loved one has become incapacitated or has passed away. During this time the parties involved are dealing with grief over the incapacity or loss of their loved one, as well as all the legal aspects. 

The following information is from Heritage Oaks Memorial Chapel and shared with permission from Ron Harder. 

With the death of your loved one, your life has been changed. Understanding grief as you are going through it will provide the hope that you will be able to make it through this most difficult experience.

Ron Harder, owner of Heritage Oaks Memorial Chapel, hosts a radio program on KFIA Sacramento (710 on the AM dial) each Thursday evening at 11:00PM & Saturday morning at 11:00AM.  You can listen from any location on iHeart.com or KFIA.com.

The information below is from the Heritage Oaks Memorial Chapel website.  Please visit the site for more information and assistance.

♥ Time. Don’t try to rush through your grief. It will take time to work through all the emotions that come with grief.

♥ Every task is a challenge. It seems as if your world is standing still. Each task seems to be a much bigger challenge than it really is. You’re tired and you don’t want to think about anything except to deal with your pain. All of these feelings are normal.

♥ Be patient with yourself. Some losses will affect you more deeply than others. Don’t base your current grief recovery on a prior experience.

♥ Everyone grieves differently. Even family members who grieve the same loss will deal with their loss differently because each person’s relationship with the loved one was different.

♥ Accept help when it is offered. When people offer to help, it is their way of dealing with their own pain over the loss. It will also allow them to share their compassion for you. Allowing others to lighten your burden, even in a very small way like running an errand, or helping to clean your house or mow your lawn, will prove rewarding for both you and your friends. Knowing you have caring friends will strengthen you.

♥ Your faith is important. It is very personal, but those who have a personal faith draw strength from it as they endure their grief.

♥ Will I ever have all the answers? There are always many questions surrounding a death. There will be some questions that may never be answered. In time, you will find that the best way to deal with those unanswered questions is to accept that these questions will
remain unanswered. Dwelling on them will result in prolonged anger over the death.


♥ Join a grief support group. GriefShare is an excellent 13-week grief support series. Learning about how to deal with grief and meeting others who are at different levels and who grieve differently than you is an excellent way to realize that you can move forward in this process. Check with Heritage Oaks Memorial Chapel to find out about a GriefShare group near you.

♥ Reflect on pleasant memories. In the beginning, you are likely to associate only sadness with thoughts of your loved one. In time, however, you will be able think about your loved one and remember the wonderful times you enjoyed together.

♥ Why do I feel like I’m in a fog? You feel like you’re in a fog because your brain is
working extremely hard to sort through all the pain of your sorrow. As you work through your emotions and gain some understanding about your loss, the fog will lift. This may take months.


♥ Decisions. It is wise to hold off on making major decisions for a year after a significant
loss. Many time, a decisions is made on an emotional level (in honor of the loved one), but the decision is regretted later when the bereaved is able to think more clearly and logically.


♥ Take care of yourself. Do what makes you comfortable. If you make a commitment, make certain the others know that you may need to excuse yourself if it is too much for you.

Call 916-791-CARE (2273) or 800-316-1987 or email,

RonHarder@HeritageOaksMC.com
JimBeeding@HeritageOaksMC.com

Call, or visit, Heritage Oaks Memorial Chapel, a veteran, family-owned and operated, full service funeral home & beautiful chapel serving the areas of Rocklin, Roseville, Citrus Heights, Antelope, Fair Oaks, Carmichael, Folsom, Sacramento, Elk Grove, West Sacramento, Davis, Granite Bay, Loomis, Auburn, and Lincoln.

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

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Attention Realtors – The probate process could derail your sale

4/23/2015

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The scenario - A client lists property with you that was owned by a decedent who did not have a trust, but your client fails to tell you that they have not opened probate on the estate. You have a buyer for the property, have scheduled a 45 days escrow, and realize that your client does not have authority to sell the property.

What next? Generally, it will take at least 4-5 weeks after filing the Petition for Probate with the court before the first hearing will be scheduled. If all goes as planned (there are often issues that arise to prolong the process) the personal representative will receive Letters Testamentary at that hearing, giving them the authority to sell the property.

The next step is to file a Notice of Proposed Action, noticing the court and all beneficiaries with the details of the sale. A fifteen day notice period is required before the sale can be completed. 

This entire process can take up to 8 weeks to complete, which means your 45 day escrow is blown and the possibility of losing the buyer becomes a very real issue.

You can petition the Court to grant a Special Administration, issue letters with limited authority to the petitioner, allowing the sale to proceed. Generally, a Special Administration is requested for urgent matters. In this instance, you can claim preservation of the estate as the reason for the court to grant the Special Administration. The court could rule that the failure to open a probate before listing the property does not rise to the required level of “urgency’ for a Special Administration. 

When listing a house of a decedent, always determine if the house is titled to a trust or if a probate must be opened before the house can be sold. You will save yourself and your client from experiencing the delay of probate at a time when you cannot afford such a delay; not to mention the added expense of filing a Special Administration petition in addition to the standard Probate petition.

I recommend anyone that purchases a home create a trust which, if drafted correctly, will allow for avoidance of the probate process all together.

Probate Fees in California:

Probate fees are set by law [Probate Code Section 10800]   as follows:

            4% of the first $100,000.00                          

            3% of the next $100,000.00                          

            2% of the next $800,000.00                          

            1% of the next $9 million                             

            1/2% of the next $15 million             


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DESIGNATING BENEFICIARIES

3/19/2015

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Beneficiary designations are an important part of your estate plan and must be monitored regularly.  Designations on retirement accounts, investments, and life insurance are the most common forms that people will encounter. But, there are many assets that can be transferred via beneficiary designation.  Multiple beneficiaries can be named with a designated percentage to each.  Charitable donations can be made using this method and may result in tax incentives.  You need to fully understand the process to be sure distribution to a beneficiary fulfills your intent and protects the gift from being squandered or collected by a creditor of the beneficiary.


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    Author

    Colleen J. Watters is a dedicated estate planning and probate lawyer. She also specializes in special needs and pet care planning. A graduate of Lincoln School of Law, a member of the California State Bar since 2008, a native of Sacramento, an active volunteer with the American River Parkway Foundation and the Placer SPCA.

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