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

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   [email protected]    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   [email protected]    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

Whether you are a serious cyclist or just want to take a cruise on your bike and enjoy the beauty of the Parkway, the American River Parkway has what you are seeking.
 
Start riding today in preparation for the 2016 Ride the Parkway event scheduled for September 11, 2016.

Join the Sacramento cycling community for a fun ride to benefit the best cycling spot in town--the American River Parkway! The ride features a 62-mile course stretching along the American River Parkway’s Jedediah Smith Memorial Trail from downtown Sacramento to Beal’s Point in Folsom. Ride as much or as little as you’d like; head upstream, downstream, or make it a challenge and ride the whole trail! Finish your ride at William B. Pond Recreation Area for a BBQ, live music, prize drawing and more. Ride the Parkway benefits the American River Parkway Foundation, a 501(c)(3) nonprofit dedicated to maintaining the Parkway for all to enjoy.
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We hope to see you on September 11! Only 499 riders can participate, so reserve your spot now and get early bird pricing.

Hot Summer days are the perfect time to take a cool float down the lower American River.  A kayak is the perfect way to see the beauty of the river and all the local inhabitants.

The following information is from the California Whitewater Guide to Rafting and Kayaking.  Find out more by visiting the website at  www.californiawhitewater.com
 
The Lower American River flows through the scenic American River Parkway, but it is hardly a wilderness experience. You will see lovely river banks, flocks of ducks, and maybe a fish or two, but the most common wildlife sightings are of sunburned frat boys, squealing kids, and ubiquitous wielders of water cannons, super soakers, and good old-fashioned buckets. Most people rent rafts or kayaks for an easy day of water-fighting and floating on the water, but if you have your own stuff, by all means bring it!
          
The Lower American River in a Nutshell:
Difficulty: Class I – II
Length: 5 -6 miles
Season: Year-round
Put-In: Sunrise
Take-out: River Bend or William Pond
Who should gl: Families, do-it-yourselfers, serious water-fighters.
 
The only true rapid on the Lower American is San Juan Hole, a popular kayak surf spot when nothing else is “going off.” The American can actually be quite scenic, especially in the evening when the sun is setting.

Consistent, year-round flows are released from the upstream Folsom Dam, so boating is an option year-round on the Lower American, although float trips are usually only popular in the hot summer months.

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

While at a workshop I was impressed by this post from Leo Babauta that was shared and I wanted to be able to share the "Rules for Slowing Down"  with you.  

POST WRITTEN BY LEO BABAUTA.  FOLLOW ME ON TWITTER.

It’s an irony of our modern lives that while technology is continually invented that saves us time, we use that time to do more and more things, and so our lives are more fast-paced and hectic than ever.

Life moves at such a fast pace that it seems to pass us by before we can really enjoy it.
However, it doesn’t have to be this way. Let’s rebel against a hectic lifestyle and slow down to enjoy life.

A slower-paced life means making time to enjoy your mornings, instead of rushing off to work in a frenzy. It means taking time to enjoy whatever you’re doing, to appreciate the outdoors, to actually focus on whoever you’re talking to or spending time with — instead of always being connected to a Blackberry or iPhone or laptop, instead of always thinking about work tasks and emails. It means single-tasking rather than switching between a multitude of tasks and focusing on none of them.
Slowing down is a conscious choice, and not always an easy one, but it leads to a greater appreciation for life and a greater level of happiness.
Here’s how to do it.

1. Do less. It’s hard to slow down when you are trying to do a million things. Instead, make the conscious choice to do less. Focus on what’s really important, what really needs to be done, and let go of the rest. Put space between tasks and appointments, so you can move through your days at a more leisurely pace. Read more.

2. Be present. It’s not enough to just slow down — you need to actually be mindful of whatever you’re doing at the moment. That means, when you find yourself thinking about something you need to do, or something that’s already happened, or something that might happen … gently bring yourself back to the present moment. Focus on what’s going on right now. On your actions, on your environment, on others around you. This takes practice but is essential.

3. Disconnect. Don’t always be connected. If you carry around an iPhone or Blackberry or other mobile device, shut it off. Better yet, learn to leave it behind when possible. If you work on a computer most of the day, have times when you disconnect so you can focus on other things. Being connected all the time means we’re subject to interruptions, we’re constantly stressed about information coming in, we are at the mercy of the demands of others. It’s hard to slow down when you’re always checking new messages coming in.

4. Focus on people. Too often we spend time with friends and family, or meet with colleagues, and we’re not really there with them. We talk to them but are distracted by devices. We are there, but our minds are on things we need to do. We listen, but we’re really thinking about ourselves and what we want to say. None of us are immune to this, but with conscious effort you can shut off the outside world and just be present with the person you’re with. This means that just a little time spent with your family and friends can go a long way — a much more effective use of your time, by the way. It means we really connect with people rather than just meeting with them.

5. Appreciate nature. Many of us are shut in our homes and offices and cars and trains most of the time, and rarely do we get the chance to go outside. And often even when people are outside, they’re talking on their cell phones. Instead, take the time to go outside and really observe nature, take a deep breath of fresh air, enjoy the serenity of water and greenery. Exercise outdoors when you can, or find other outdoor activities to enjoy such as nature walks, hiking, swimming, etc. Feel the sensations of water and wind and earth against your skin. Try to do this daily — by yourself or with loved ones.

6. Eat slower. Instead of cramming food down our throats as quickly as possible — leading to overeating and a lack of enjoyment of our food — learn to eat slowly. Be mindful of each bite. Appreciate the flavors and textures. Eating slowly has the double benefit of making you fuller on less food and making the food taste better. I suggest learning to eat more real food as well, with some great spices (instead of fat and salt and sugar and frying for flavor).

7. Drive slower. Speedy driving is a pretty prevalent habit in our fast-paced world, but it’s also responsible for a lot of traffic accidents, stress, and wasted fuel. Instead, make it a habit to slow down when you drive. Appreciate your surroundings. Make it a peaceful time to contemplate your life, and the things you’re passing. Driving will be more enjoyable, and much safer. You’ll use less fuel too.

8. Find pleasure in anything. This is related to being present, but taking it a step farther. Whatever you’re doing, be fully present … and also appreciate every aspect of it, and find the enjoyable aspects. For example, when washing dishes, instead of rushing through it as a boring chore to be finished quickly, really feel the sensations of the water, the suds, the dishes. It can really be an enjoyable task if you learn to see it that way. The same applies to other chores — washing the car, sweeping, dusting, laundry — and anything you do, actually. Life can be so much more enjoyable if you learn this simple habit.

9. Single-task. The opposite of multi-tasking. Focus on one thing at a time. When you feel the urge to switch to other tasks, pause, breathe, and pull yourself back. Read more.

10. Breathe. When you find yourself speeding up and stressing out, pause, and take a deep breath. Take a couple more. Really feel the air coming into your body, and feel the stress going out. By fully focusing on each breath, you bring yourself back to the present, and slow yourself down. It’s also nice to take a deep breath or two — do it now and see what I mean. :)

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