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	<title>San Diego Estate Planning Blog: Creating Legacies</title>
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	<link>http://haymeslawgroup.com/blog</link>
	<description>protecting your most precious assets and leaving a legacy that lasts</description>
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		<title>Trusts and Estates for Foreign Nationals&#8230; what you don&#8217;t know and don&#8217;t plan for could cost your loved ones hundreds of thousands of dollars!</title>
		<link>http://haymeslawgroup.com/blog/?p=161</link>
		<comments>http://haymeslawgroup.com/blog/?p=161#comments</comments>
		<pubDate>Mon, 30 Aug 2010 20:35:02 +0000</pubDate>
		<dc:creator>kristina</dc:creator>
				<category><![CDATA[Legal Seminars]]></category>

		<guid isPermaLink="false">http://haymeslawgroup.com/blog/?p=161</guid>
		<description><![CDATA[From the Desk of San Diego Trust and Estate Planning Lawyer Kristina R. Haymes&#8230;. On July 27, 2010, I held our first &#8220;Truth About Estate Planning For Foreign Nationals&#8221; seminar/workshop in our office boardroom. Here are a few of the highlights: U.S. Citizens and U.S. Residents are all subject to the Estate Tax&#8230; so if [...]]]></description>
			<content:encoded><![CDATA[<p><strong>From the Desk of San Diego Trust and Estate Planning Lawyer Kristina R. Haymes&#8230;.</strong></p>
<p>On July 27, 2010, I held our first &#8220;Truth About Estate Planning For Foreign Nationals&#8221; seminar/workshop in our office boardroom.</p>
<p>Here are a few of the highlights:</p>
<ul>
<li>U.S. Citizens and U.S. Residents are all subject to the Estate Tax&#8230; so if your husband or wife, mother or father died and they were <strong>domiciled</strong> in the United States&#8230; then, their estate is subject to Estate Tax.</li>
</ul>
<p>The first question you have to ask of a non-citizen is: Are they domiciled in the U.S. or are they domiciled in another country?<span id="more-161"></span></p>
<p>How the IRS determines domicile is NOT the same process or test that it applies to determinations for income tax purposes; nor is the test the same as the one used for determining legal residency status for immigration.  The  test relating to estate taxes is an <strong>intent </strong>test.  Did the individual have &#8220;no definite present intention of leaving?&#8221;  And, the corollary to that is did the individual have a present intention of staying in the U.S.?  If so, then chances are the IRS will consider them to be domiciled in the U.S.  The IRS examines a host of factors in making this determination:</p>
<p>Some but not all of these factors are &#8211;</p>
<p>o  Duration of stay in U.S.; frequency of travel abroad</p>
<p>o  Size, cost and nature of home and whether individual owns or rents </p>
<p>o  Location of expensive possessions</p>
<p>o  Age of children and location of schools</p>
<p>o  Location of business; church, club memberships</p>
<p>o  Declaration of residence on visa, wills, deeds, trust, etc. –</p>
<p>Motivation (holding a green card is not dispositive)</p>
<p>As many of you may  know or may have read about in the paper or on-line right now there is NO ESTATE TAX!  So, if your loved one dies this year, there is no estate tax.   But, there is capital gains tax this year.  And, you may not know that with a properly designed living trust, you can <strong>avoid paying capital gains this year if you or your spouse or parent dies!  </strong></p>
<p> However, next year (2011) the capital gains issue will disappear and the estate tax reappears.  In 2011 if your loved one dies, all of their assets over $1 million will be subject to a tax of 55%.  So, if you or your loved one owns assets (home, rental home, business interest, life insurance, personal property, boats, yachts, fine jewelry, cars, retirement accounts, you name it if you own it and it&#8217;s worth something &#8212; it&#8217;s included!) over $1 million &#8212; then over half of those assets over that threshold amount will go to the government (the big fat tax man).</p>
<p>If you ARE NOT (or your loved one) is not domiciled in the U.S. but is domiciled abroad but owns assets that are situated in the U.S. (e.g. real estate, business) then, any assets over $60,000 will be taxed!</p>
<p>Are you listening??</p>
<p>Did you know that up unto a certain level, that the U.S. Estate Tax is voluntary?  Yes, with a little estate planning you can minimize the amount of tax that you pay &#8212; legally and ethically. </p>
<p>I know very few people who would voluntarily agree to give the government over half of their assets that they have spent a lifetime &#8212; many years of hard work, sweat equity, and sacrifice building &#8212; to the government!  Why?</p>
<p>Perhaps you are a son or daughter of a non-citizen and you are asking yourself, do I want to lose over half of my inheritance to Uncle Sam?</p>
<p>Surely there are better things you could do with your parents assets then liquidate them to pay the government!</p>
<p>My people perish for lack of knowledge!</p>
<p>Wake up and see that with a little planning you can keep more of your hard earned assets in the family&#8230; or, you can wisely utilize insurance to pay pennies on the dollar for a tax bill.</p>
<p>The moral of this post is that foreign nationals are subject to US Estate Tax (some treaties with foreign countries can help prevent a double tax)&#8230; AND</p>
<p><strong>Did you know that if your spouse dies and you are not a U.S. citizen that you are not entitled to the unlimited marital deduction (a tax free pass for U.S. citizen spouses)&#8230;. unless the assets are held in a QDOT trust (Qualified domestic trust)??</strong></p>
<p>These are just a couple of the highlights from the truth seminar!</p>
<p>Did you miss it?  Call our office and ask for a Family Wealth Planning Session where I can go over your particular situation with no pressure and no obligation.  We offer 2 free sessions per month to our blog readers!</p>
<p>Call Sarah Kerr at 858-794-1426 at Haymes Law Group and see if she can fit you in September!</p>
<p>Create Legacies that Last!</p>
<p>Your local Del Mar, Carmel Valley, Solana Beach, Encinitas, Carlsbad, San Diego</p>
<p>Estate Planning Lawyer,</p>
<p>Kristina <img src='http://haymeslawgroup.com/blog/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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		<title>Penny Wise and Pound Foolish: The Downside of &#8220;Bargain&#8221; Legal Services</title>
		<link>http://haymeslawgroup.com/blog/?p=154</link>
		<comments>http://haymeslawgroup.com/blog/?p=154#comments</comments>
		<pubDate>Wed, 25 Aug 2010 15:37:45 +0000</pubDate>
		<dc:creator>kristina</dc:creator>
				<category><![CDATA[Extraordinary Client Service]]></category>
		<category><![CDATA[Trust and Estates]]></category>

		<guid isPermaLink="false">http://haymeslawgroup.com/blog/?p=154</guid>
		<description><![CDATA[From the Desk of Del Mar/Carmel Valley, California Trust and Estate Attorney, Kristina R. Haymes Estate Planning for San Diego Families Congratulations! You just got married… Or had your first child… Maybe started your own business… Being a responsible person, you know that any of these major life changes means that you need a will [...]]]></description>
			<content:encoded><![CDATA[<p><strong>From the Desk of Del Mar/Carmel Valley, California Trust and Estate Attorney, Kristina R. Haymes</strong></p>
<p><strong>Estate Planning for San Diego Families</strong></p>
<p>Congratulations! You just got married… Or had your first child… Maybe started your own business…</p>
<p>Being a responsible person, you know that any of these major life changes means that you need a will and possibly other estate planning documents to make sure that your loved ones are taken care of if something happens to you.</p>
<p>So you go online and find one of the “do it yourself, only as you need it” legal document sites. Or maybe your cousin just passed the bar and you get him to do a quick will for you at a really cheap price. You don’t need anything complicated.</p>
<p>Now…fast forward 5 or 10 years.</p>
<p>You die unexpectedly and you haven’t kept any of your estate planning documents up to date because you thought, hey, I have a will. What else do I need to do?</p>
<p>If you haven’t kept it up to date, chances are really good that “bargain” will isn’t worth the paper it’s written on. And here’s why.<span id="more-154"></span></p>
<p>Beyond just having a will, even if you don’t have a complicated estate, there are certain things that need to be done to ensure that your property (including your retirement accounts, real estate, stocks, etc.) is owned properly in order to pass it on as you intended. As your life changes, your documents have to change.</p>
<p>Here a few examples of probate disasters waiting for your heirs if you don’t have sound estate planning documents:</p>
<p>Did you know that your IRA is actually passed to the heir you designate on your beneficiary designation when you open the account regardless of who you name in your will? You need to make sure that all your beneficiary designations align with what you have in your will at all times.</p>
<p>Let’s say you go online and complete the documents to set up a Living Trust to avoid an expensive probate process. Did you know that just because you set up a trust doesn’t mean that your assets automatically go into that trust? There are very specific steps that have to be taken in order to actually transfer property to the trust. If those steps are not taken correctly, forming a trust is a waste of time and money.</p>
<p>You live long enough to be eligible for Medicare and it helps with nursing home expenses. That does not mean that your estate is free and clear of those expenses. You need specific language in your estate planning documents to ensure that your estate does not have to pay Medicare back for costs incurred in your extended care.</p>
<p>These are just a sample of the issues that an online document site is not going to tell you about. If you do not have properly drafted and up to date estate planning documents, you could be leaving your loved ones a big mess.</p>
<p>Do you really feel confident that you know everything you need to know to draft an online will that does what you intend? Is that online site going to tell you about every change in probate law that could affect your estate?</p>
<p>That online will doesn’t sound like such a good deal, does it?</p>
<p>If you have your estate planning documents drafted by an attorney who doesn’t specialize in estate planning, he or she may not stay up to date on the ever-changing rules and regulations that affect your will or trust. And that can cost your heirs a lot of money.</p>
<p>Just having a will or a trust does not mean that your wishes and good intentions will be honored. Even the simplest estate requires very specific procedures to ensure that your property goes where you want it to go &#8211; to your heirs and not to the government or to the courts through a prolonged probate process.</p>
<p>Those bargain online sites don’t tell you that. And an attorney who doesn’t specialize in estate planning likely will not know all the ins and outs of protecting your property, which is why 85% of estate plans fail to do as they are intended! Estate planning law is not an area of law to “dabble” in.</p>
<p>When you turn your estate planning over to a Personal Family Lawyer® like Kristina at Haymes Law Group, you’ll have an attorney who knows how to avoid all the typical pitfalls of estate planning and who practices law in a way that keeps them in touch with you so they know the changes your life has taken. And they use that knowledge to make sure that your documents reflect your life as it is, not as it was five years ago.</p>
<p>By packaging our services and pricing them based on value, rather than just an hourly fee where you’re billed for every conversation in six minute increments, you can feel free to contact us and ask the questions you need to have answered without hearing the meter running.</p>
<p>A Personal Family Lawyer® takes into account not only your monetary circumstances and what you own, but also the values and thoughts you want to pass on to your heirs. It’s not just about the paper you leave behind, it’s about what you want your loved ones to remember and know about you.</p>
<p>We take the “Personal” in Personal Family Lawyer® very seriously. If you currently have estate planning documents that you’re not 100% comfortable with, or your life circumstances have changed and you know you need to get your paperwork in order, call us to schedule your Family Wealth Planning Session today.</p>
<p>We look forward to serving you in your Estate Planning Needs.</p>
<p>To your family&#8217;s wealth, success, and happiness,</p>
<p>Kristina R. Haymes</p>
<p>Del Mar Carmel Valley Wills, Trusts, Special Needs Trusts, Living Will, Advance Health Care Directives, Dynasty Trusts, Irrevocable Life Insurance Trusts</p>
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		<title>San Diego Families: What You Don’t Know About The Generation Skipping Tax Could Cost Your Grandchildren Their Inheritance</title>
		<link>http://haymeslawgroup.com/blog/?p=152</link>
		<comments>http://haymeslawgroup.com/blog/?p=152#comments</comments>
		<pubDate>Tue, 17 Aug 2010 01:35:35 +0000</pubDate>
		<dc:creator>kristina</dc:creator>
				<category><![CDATA[Estate Taxes]]></category>
		<category><![CDATA[Trust and Estates]]></category>

		<guid isPermaLink="false">http://haymeslawgroup.com/blog/?p=152</guid>
		<description><![CDATA[From the Desk of Kristina R. Haymes, San Diego Trust and Estate Attorney August 16, 2010 Virtually everyone knows about the estate tax (unless they’ve been living under a rock for the last ten or twelve years).  But if you’re planning to leave property directly to your grandchildren or even great grandchildren, there’s another tax [...]]]></description>
			<content:encoded><![CDATA[<p><strong>From the Desk of Kristina R. Haymes, San Diego Trust and Estate Attorney</strong></p>
<p>August 16, 2010</p>
<p>Virtually everyone knows about the estate tax (unless they’ve been living under a rock for the last ten or twelve years).  But if you’re planning to leave property directly to your grandchildren or even great grandchildren, there’s another tax you need to plan for now.  </p>
<p>A tax that can be just as costly as the estate tax…</p>
<p><strong>The Generation Skipping Transfer Tax.</strong></p>
<p>The Generation Skipping Transfer Tax (GST) is a tax on property passed directly from a grandparent to a grandchild or great grandchild by way of a will or a trust.  The GST even applies to property passed on to individuals not related to you if they are more than 37.5 years younger.  While currently repealed, like the estate tax, the GST will be resurrected in 2011. </p>
<p>Congress designed the GST to close a loophole in the estate tax.  Parents were leaving their estates to their children and the children paid estate tax on the inheritance.  Then, those children would subsequently pass their estates on to the grandchildren, incurring estate taxes a second time.  Eventually someone figured out that by leaving the estates to the grandchildren directly, they could avoid paying one set of estate taxes.  Congress passed the GST to tax transfers to related individuals more than one generation away and to unrelated individuals more than 37.5 years younger to eliminate the ability to skip paying taxes on the inheritance of one generation.</p>
<p>How much will the GST cost your heirs?  <span id="more-152"></span></p>
<p>The GST has basically mirrored the estate tax.  In 2009, the estate tax rate was 45% and the estate value exempt from the tax was $3.5 million.  The GST and the estate tax expired in 2010 but will reappear in 2011, unless Congress takes action to extend the expiration.  If they don’t act, the GST tax exemption amount in 2011 will be $1 million and the tax rate will be 55%.  Both are significant changes and could cost your heirs a substantial portion of their inheritance.    </p>
<p>If you don’t have an estate plan or the estate plan you have was prepared based on the old exemptions and tax rates, now is the time to plan for major changes in 2011.  Call us to schedule your Family Wealth Planning Session today so we can identify what needs to be done to protect more of your assets for your children and grandchildren.  Our Family Wealth Planning Session is normally $750, but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge.  Call Sarah Kerr, Haymes Law Group Client Services Director at 858-794-1426 and mention this article today. </p>
<p>Create Legacies that Last,</p>
<p>Kristina</p>
<p>San Diego Living Trusts, Wills, and Probate</p>
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		<title>Gifting to Nieces and Nephews – What You Don&#8217;t Know Can Hurt You (and them)</title>
		<link>http://haymeslawgroup.com/blog/?p=147</link>
		<comments>http://haymeslawgroup.com/blog/?p=147#comments</comments>
		<pubDate>Fri, 30 Jul 2010 05:54:25 +0000</pubDate>
		<dc:creator>kristina</dc:creator>
				<category><![CDATA[Kids Protection]]></category>
		<category><![CDATA[Trust and Estates]]></category>

		<guid isPermaLink="false">http://haymeslawgroup.com/blog/?p=147</guid>
		<description><![CDATA[From the Desk of San Diego Trust and Estate Lawyer, Kristina R. Haymes  Picture this scenario… You’ve worked hard, saved and managed to accumulate some wealth. You’re not a robber baron by any means but you’re comfortable.  Your siblings haven’t fared as well and you want to make sure that their children have the benefit of a solid [...]]]></description>
			<content:encoded><![CDATA[<p><strong>From the Desk of San Diego Trust and Estate Lawyer, Kristina R. Haymes </strong></p>
<p>Picture this scenario…</p>
<p>You’ve worked hard, saved and managed to accumulate some wealth.</p>
<p>You’re not a robber baron by any means but you’re comfortable.  Your siblings haven’t fared as well and you want to make sure that their children have the benefit of a solid higher education.  With no children of your own, it seems the right thing to do. </p>
<p> So you set up 529 college education savings plans for your nieces and nephews, make them the beneficiaries, and mention everything in your will. </p>
<p>And life goes on…</p>
<p>You don’t give it another thought beyond making regular contributions. You move to another state.  You divorce. </p>
<p>All things that happen in the normal course of living. </p>
<p>You know you need to change the beneficiary of your estate and name another executor (both are still your former spouse) but you never really get around to it.</p>
<p>And then the unthinkable happens. You die unexpectedly, with no time to make those changes you sincerely intended to make.<span id="more-147"></span></p>
<p>This is where things can quickly fall apart for those nieces and nephews you so wanted to take care of.  </p>
<p>To make sure your wishes are carried out exactly as you intended, take these steps now to protect those 529 college education savings plans:</p>
<ol>
<li><strong>Name One or Both of the Child’s Parents as Participant or Owner</strong></li>
</ol>
<p>If you name your niece or nephew as the “beneficiary” of the 529 plan as a gift, you must add one or both of the child’s parents as the Participant or Owner.  This gives them actual control over the 529 account.  They can even change the beneficiary.  If the child’s parent is not listed as an owner or participant, the plan will be considered part of the estate (which would then belong to your former spouse in this instance).  Your niece or nephew would need the executor (again, your former spouse) to essentially turn the plan over to them in writing.  And the executor and beneficiary of your estate would be well within their legal rights to refuse.  Is that a risk you really want to take?</p>
<p><strong>2.  Update Your Will or Trust </strong></p>
<p>I know you’ve heard this at least a thousand times but I’ll say it again because it is critically important in situations like this.  If you undergo any kind of lifestyle change (i.e., divorce, death of a spouse or child, become incapacitated, move to another state, etc.), take the time required to have your will or living trust updated.  This kind of situation happens all the time.  The former spouse, as both executor and beneficiary, controls the 529 college savings funds because of a failure to properly set up the funds.  If you’re going to the trouble of setting up a 529 fund and make regular contributions to it, take the necessary steps to ensure that money is used for what you intended. </p>
<p><strong>3.  Don’t Leave Assets or Insurance Outright to Your Nieces or Nephews</strong></p>
<p>If you leave either assets or insurance directly to your nieces or nephews and they are minors at the time of your death, their parents will have to go to court to be named as guardians to gain access to these assets.  Needless to say, that just adds another layer of complexity and more expense to the process.</p>
<p><strong>4.  Have Your Estate Planning and Financial Documents Thoroughly Reviewed </strong></p>
<p>When you update your will or living trust, make sure that <span style="text-decoration: underline;">all</span> your estate planning documents are reviewed, cross-referenced and do not contradict each other.  Also, make sure that the person or persons you’ve named as beneficiaries and owners of your accounts are coordinated with your estate planning documents and that all your documentation supports your ultimate goals and objectives. </p>
<p>I can’t emphasize enough how important it is to have current estate planning documents.  And this is especially true if you have 529 college education savings plans set aside for nieces, nephews, great-nieces or nephews, etc.     </p>
<p>If you have started a 529 plan or would like to and would like an analysis on how a plan like this should be handled, call us to schedule your Family Wealth Planning Session today.  We can identify what needs to be done to ensure that you have the appropriate language in your planning documents to make sure that the money goes exactly where you intended.  Our Family Wealth Planning Session is normally $750, but in August I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge.  Call my Client Services Director, Sarah, at 858-794-1426 to schedule your Family Wealth Planning Session today.  Or go to <a href="http://www.haymeslawgroup.com">www.haymeslawgroup.com</a> and fill out our web form on the left hand side of the page.</p>
<p>I look forward to seeing you soon!</p>
<p>Kristina R. Haymes</p>
<p>San Diego Trust and Estate Attorney</p>
<p>Conveniently located in Carmel Valley/Del Mar area.</p>
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		<title>When It Comes To A Supplemental Needs Trust, Out of Sight Should Never Be Out of Mind</title>
		<link>http://haymeslawgroup.com/blog/?p=141</link>
		<comments>http://haymeslawgroup.com/blog/?p=141#comments</comments>
		<pubDate>Thu, 15 Jul 2010 16:59:46 +0000</pubDate>
		<dc:creator>kristina</dc:creator>
				<category><![CDATA[Special Needs Trusts]]></category>
		<category><![CDATA[Trust and Estates]]></category>

		<guid isPermaLink="false">http://haymeslawgroup.com/blog/?p=141</guid>
		<description><![CDATA[From the desk of Kristina R. Haymes, San Diego Estate Planning Attorney, Living Trusts, Wills, Probate Attorney You’ve been a responsible planner for your family’s future, especially your child with special needs. You’ve met with an attorney, set up a Supplemental or Special Needs Trust and you can breathe a sigh of relief.  Your work [...]]]></description>
			<content:encoded><![CDATA[<p><strong>From the desk of Kristina R. Haymes, San Diego Estate Planning Attorney, Living Trusts, Wills, Probate Attorney</strong></p>
<p>You’ve been a responsible planner for your family’s future, especially your child with special needs.</p>
<p>You’ve met with an attorney, set up a Supplemental or Special Needs Trust and you can breathe a sigh of relief.  Your work is done, right?</p>
<p>Wrong.</p>
<p>Funding and forgetting about a Trust can be as detrimental as not forming one at all. And having one that isn’t properly written can render it completely useless. </p>
<p>Supplemental Needs Trusts (sometimes called Special Needs Trusts) allow people with mental or physical disabilities, or even people with chronic or acquired illnesses, to have unlimited assets held in Trust for their benefit.  If you have a child, grandchild, or even a spouse with a disability, a Supplemental Needs Trust can ensure that they have the funds they need to maintain their lifestyle after you’re gone.<span id="more-141"></span></p>
<p>And if your Supplemental Needs Trust is drafted properly those assets don’t count as financial resources in determining your loved one’s eligibility for government benefits.  The Trust provides for supplemental care over and above what government programs provide. </p>
<p>Even if your family has significant resources to care for a disabled family member, you should ensure that your Supplemental Needs Trust is written to specifically address the needs of that family member and their future lifestyle.  Monies can be placed in the Trust and used for their benefit without being counted as a source of income.  This allows the family member to qualify for benefits and programs they might not otherwise qualify for.  Why sacrifice services (and the funds needed to pay for those services) if you don’t have to? </p>
<p>If you have a family member with a disability that could require significant care as they age, a Supplemental Needs Trust can give you peace of mind in knowing that they will have the resources they need when you are no longer there to provide them.  But a word of caution – these are complex documents and require very specific language in order to be effective.  Your Trust must address the following:</p>
<ol>
<li><strong>The Specific Intent of the Trust</strong></li>
</ol>
<p>You cannot assume that because a document is called a Supplemental Needs Trust that it addresses what you intended to address.  The Trust must specifically state that it is intended to provide “supplemental and extra” care over and above what government programs provide.  It must state that it is NOT intended to be a basic support Trust and the funds cannot be used for basic support.</p>
<p><strong>2.     Repayment Obligations</strong></p>
<p>If the Trust is funded by parents, other third party sources or a personal injury Settlement, it will not be required to pay back Medicaid for expenses covered by the program. But  if the Trust is funded by assets belonging to the disabled individual (such as earnings from a job, savings, certain Social Security back payments, personal injury recoveries <strong>not</strong> ordered into the Trust by the Court), the Trust may have to repay Medicaid for expenditures.</p>
<p>A properly drafted Trust must address paybacks to Medicaid or other governmental sources (both state and federal).  Federal law requires that repayment language be included even if repayment is not required. </p>
<p>Make sure you discuss repayment obligations and proper funding with your attorney. </p>
<p><strong>3.     Changes to the Early Termination Provision Payback Requirements</strong></p>
<p>Some Supplemental Needs Trusts contain language that allows termination of the Trust prior to the death of the beneficiary if, for example, there are no longer enough funds in the Trust to justify its continued administration or the beneficiary is no longer disabled.  Effective <strong>October 1, 2010,</strong> there are significant changes in the Social Security Operations Manual System that will affect Trusts established on or after January 1, 2000.  These changes could seriously impact the repayment provisions in your Supplemental Needs Trust if it contains early termination provisions. </p>
<p>Do you know how your Supplemental Needs Trust treats these issues?  If improperly written or not modified to address changes in the Social Security Operations Manual or changes to other requirements in benefit programs, a Supplemental Needs Trust can very easily be raided by governmental benefit sources.  It could even be declared invalid if not properly written. Not ensuring that your Trust documents properly address any applicable changes can lead to a loss of benefits, loss of savings or other legal and financial hardships that can easily be avoided.  </p>
<p>If you have a family member that you wish to benefit with a Supplemental Needs Trust or you would like an expert opinion on the proper language in your Trust documents, call us to schedule your Family Wealth Planning Session today.  We can identify what needs to be done to ensure that you have the appropriate language in your Trust documents and you are in compliance with the proper regulations to protect your loved one.  Our Family Wealth Planning Session is normally $750, but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge.  Call today (858)794-1426 and ask to speak with Sarah Kerr, and mention this article. </p>
<p>Create Legacies Today.</p>
<p>Kristina</p>
<p>San Diego Estate Planning Attorney</p>
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		<title>So you own your own corporation&#8230; but does it work?</title>
		<link>http://haymeslawgroup.com/blog/?p=137</link>
		<comments>http://haymeslawgroup.com/blog/?p=137#comments</comments>
		<pubDate>Tue, 13 Jul 2010 20:19:37 +0000</pubDate>
		<dc:creator>kristina</dc:creator>
				<category><![CDATA[Business and Corporations]]></category>

		<guid isPermaLink="false">http://haymeslawgroup.com/blog/?p=137</guid>
		<description><![CDATA[From the desk of Kristina R. Haymes, San Diego Estate Planning (Wills and Living Trusts) and Business Attorney: Most people know about the many advantages of owning your own corporation&#8230;the top three are: There are significant tax advantages; Corporations can provide asset protection; Corporations can shield individual directors and officers from individual liability&#8230; So, people go [...]]]></description>
			<content:encoded><![CDATA[<p><strong>From the desk of Kristina R. Haymes, San Diego Estate Planning (Wills and Living Trusts) and Business Attorney:</strong></p>
<p>Most people know about the many advantages of owning your own corporation&#8230;the top three are:</p>
<ul>
<li>There are significant tax advantages;</li>
<li>Corporations can provide asset protection;</li>
<li>Corporations can shield individual directors and officers from individual liability&#8230;</li>
</ul>
<p>So, people go out and set up a corporation or have an attorney do it for them.  It is not that expensive to set up a corporation in California or Nevada or another jurisdiction.</p>
<p>But then comes the important part&#8230; Is the corporation a fiction or is it a legitimate business entity operating as a business?</p>
<p>And what exactly does that mean?</p>
<p>Here&#8217;s the deal, in order to get the benefits of a having a corporation (or LLC or other business entity) &#8212; the directors/officers or members must observe the corporate (business) entity formalities.  Our courts have decided that if it&#8217;s a real business and deserving of the many benefits of corporate status, then the corporate formalities will be observed.</p>
<p>That means you must hold annual director and shareholder meetings.  You must keep corporate minutes, issue stock, and meet to conduct corporate business.   You must do more than just file articles of incorporation.  You must maintain separate accounts and run your business as a business without comingling with your personal accounts/assets.  There is more, but these items are listed to give you a general idea of what is required.</p>
<p>It is difficult for an entrepreneur to comply with these technical regulations.</p>
<p>But if you do NOT, then, when the time comes for the corporation to work and provide the above asset and liability protections, it WON&#8217;T.</p>
<p>The legal technical term is called <strong>&#8220;piercing the corporate veil.&#8221;</strong>  Basically, what that means is that a court could disregard the corporate entity (piercing through the corporate veil) and the officers, directors, and shareholders would be held <strong>personally liable</strong> for the debts, obligations, and yes, liabilities of the corporation!  If you use the corporation to commit a fraud, the corporate veil could also be pierced.</p>
<p>Not a happy outcome!</p>
<p>It is for this reason that Haymes Law Group offers a Family Wealth VIP Membership Program (Business Plan Level) to ensure that you are enjoying the full benefits of the corporate advantage by observing the corporate formalities and making sure all your ducks are in a row and lined up so your corporation will work when you need it to&#8230;</p>
<p>Personal Family Lawyer</p>
<p>Kristina Haymes</p>
<p>San Diego, CA</p>
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		<title>San Diego Guardianship &#8211; Probate Court</title>
		<link>http://haymeslawgroup.com/blog/?p=130</link>
		<comments>http://haymeslawgroup.com/blog/?p=130#comments</comments>
		<pubDate>Sat, 26 Jun 2010 01:18:08 +0000</pubDate>
		<dc:creator>kristina</dc:creator>
				<category><![CDATA[Kids Protection]]></category>
		<category><![CDATA[Probate Litigation]]></category>
		<category><![CDATA[Trust and Estates]]></category>

		<guid isPermaLink="false">http://haymeslawgroup.com/blog/?p=130</guid>
		<description><![CDATA[No parent on the planet wants to think about it, and it&#8217;s part of my job to talk about it, plan for it, and make sure that we San Diego parents are prepared&#8230; Are your children protected and provided for if something were to happen to you? I just received a phone call this week [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_132" class="wp-caption alignright" style="width: 370px"><a rel="attachment wp-att-132" href="http://haymeslawgroup.com/blog/?attachment_id=132"><img class="size-medium wp-image-132" title="photo-hands" src="http://haymeslawgroup.com/blog/wp-content/uploads/2010/06/photo-hands-360x189.jpg" alt="" width="360" height="189" /></a><p class="wp-caption-text">Is your child protected if you were not here?</p></div>
<p>No parent on the planet wants to think about it, and it&#8217;s part of my job to talk about it, plan for it, and make sure that we San Diego parents are prepared&#8230;</p>
<p>Are your children protected and provided for if something were to happen to you?</p>
<p>I just received a phone call this week from a family member whose sister had passed away and her niece was now living with her.</p>
<p>Unfortunately, she did not have any formal legal documentation naming her as the guardian.</p>
<p>You don&#8217;t want this to happen to you.</p>
<p>You want to have a plan in place, and know that your precious child or children will be cared for by whom you want in the way you want, if anything ever happened.</p>
<p>Fortunately, in San Diego the courts have a lot of resources to help people found in this situation but you still have to go through the court process.</p>
<p>It is ok as long as no family member is going to contest the guardianship.  When you file a petition for guardianship you are required to serve all family members with notice of the petition and the proceedings.</p>
<p>There are many stories in the news about families that have begun long, protracted, expensive court battles to win guardianship over children.</p>
<p>And, what about the assets?  If the assets have to go through probate court then you are looking at 1-2 years minimum, estimated 5% of the value of the probate estate (which includes the fair market value of any real property, life insurance payable to a minor, and all other assets), plus the public disclosure of all filings and documents.</p>
<p>Not a happy thing.</p>
<p>But, the good news is that with a little planning and care you can make sure that your legal house is in order, and you have your child&#8217;s guardianship and kids protection plan in place along with a living trust and other key planning documents in place so that if something were to happen, your child and your loved ones would have an easy time of maneuvering a difficult situation.</p>
<p>That&#8217;s why we plan, for our love and care and responsibility for those we love &#8212; because it is so much easier for us to take care of planning now, then it will be for others to take care of it after we are gone.</p>
<p>If you are in need of guardianship for your child, a trust, will or other estate planning documents and you are in San Diego County, I would be happy to assist.</p>
<p>Give Sarah, my client services director, a call at 858-794-1426.</p>
<p>We hope to care for your family soon.</p>
<p>Create a legacy that lasts,</p>
<p>Kristina Haymes</p>
<p>Personal Family Lawyer in beautiful San Diego, CA</p>
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		<title>I want to leave a legacy, how will they remember me?</title>
		<link>http://haymeslawgroup.com/blog/?p=126</link>
		<comments>http://haymeslawgroup.com/blog/?p=126#comments</comments>
		<pubDate>Sun, 09 May 2010 05:42:32 +0000</pubDate>
		<dc:creator>kristina</dc:creator>
				<category><![CDATA[Creating Legacies]]></category>

		<guid isPermaLink="false">http://haymeslawgroup.com/blog/?p=126</guid>
		<description><![CDATA[So, truth be told, the legacy theme certainly isn&#8217;t novel, original or anything else, but nonetheless, it is fundamental and timeless.  I love the lyrics and song by Nicole Nordeman &#8220;Legacy.&#8221;  We played this song at my dad&#8217;s memorial service.  He was a legacy man.  I want to be a legacy woman and to take [...]]]></description>
			<content:encoded><![CDATA[<p>So, truth be told, the legacy theme certainly isn&#8217;t novel, original or anything else, but nonetheless, it is fundamental and timeless. </p>
<p>I love the lyrics and song by Nicole Nordeman &#8220;Legacy.&#8221;  We played this song at my dad&#8217;s memorial service.  He was a legacy man.  I want to be a legacy woman and to take the creation of legacy to the next level in our family.</p>
<div id="div_customCSS" style="text-align: center;"><strong>I don&#8217;t mind if you&#8217;ve got something nice to say about me</p>
<p>And I enjoy an accolade like the rest</p>
<p>You could take my picture and hang it in a gallery</p>
<p>Of all </strong><a id="KonaLink0" onclick="adlinkMouseClick(event,this,0);" onmouseover="adlinkMouseOver(event,this,0);" onmouseout="adlinkMouseOut(event,this,0);" href="http://www.lyricsdownload.com/nicole-nordeman-legacy-lyrics.html#" target="_top"><strong><span style="color: orange;">the who&#8217;s</span> </strong></a><strong>who and so-n-so&#8217;s that used to be the best</p>
<p>At such &#8216;n such&#8230;it wouldn&#8217;t matter much</p>
<p>I won&#8217;t lie, it feels alright to see your name in lights</p>
<p>We all need an &#8220;Atta boy&#8221; or &#8220;Atta girl&#8221;</p>
<p>But in the end I&#8217;d like to hang my hat on more besides</p>
<p>the temporary trappings of this world</p>
<p>Chorus:</p>
<p>I want to leave a legacy</p>
<p>How will they remember me?</p>
<p>Did I choose to love?</p>
<p>Did I point to you enough to make a mark on things?</p>
<p>I want to leave an offering</p>
<p>A child of mercy and grace who blessed Your name unapologetically</p>
<p>And leave that kind of legacy</p>
<p>I don&#8217;t have to look too far or too long awhile</p>
<p>To make a lengthy list of all that I enjoy</p>
<p>It&#8217;s an accumulating trinket and a treasure pile</p>
<p>Where moth and rust, thieves and such will soon destroy</p>
<p>Chorus</p>
<p>Not well traveled, not well read, not well-to-do or well bred</p>
<p>Just want to hear instead, &#8220;Well done&#8221; good and faithful one</p>
<p>Chorus</strong></div>
<div style="text-align: left;">How about you?</div>
<div style="text-align: left;">Do you have a legacy story to share?  Has someone that you love made an indelible mark upon your heart through how they lived or how they loved?</div>
<div style="text-align: left;">I&#8217;m collecting legacy stories and would love to hear yours.</div>
<div style="text-align: left;">Please contact me and share your story!</div>
<div style="text-align: left;">Leave a legacy and live a life that matters!</div>
<div style="text-align: left;">Kristina</div>
<p><a rel="attachment wp-att-119" href="http://haymeslawgroup.com/blog/?attachment_id=119"></a></p>
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		<title>The Danger of Do-It-Yourself Wills and Living Trusts</title>
		<link>http://haymeslawgroup.com/blog/?p=117</link>
		<comments>http://haymeslawgroup.com/blog/?p=117#comments</comments>
		<pubDate>Wed, 05 May 2010 18:31:56 +0000</pubDate>
		<dc:creator>kristina</dc:creator>
				<category><![CDATA[Estate Taxes]]></category>
		<category><![CDATA[Trust and Estates]]></category>

		<guid isPermaLink="false">http://haymeslawgroup.com/blog/?p=117</guid>
		<description><![CDATA[Here is what you need to know if you have been tempted or, if like me (before my current profession) have attempted to prepare your own will, trust, or other estate planning documents. Buyer Beware &#8212; you get what you pay for. There are many potential problems with on-line wills and trusts, but I am [...]]]></description>
			<content:encoded><![CDATA[<p>Here is what you need to know if you have been tempted or, if like me (before my current profession) have attempted to prepare your own will, trust, or other estate planning documents.</p>
<p>Buyer Beware &#8212; you get what you pay for.</p>
<p>There are many potential problems with on-line wills and trusts, but I am only going to discuss the top 3&#8230;</p>
<ol>
<li><strong>In California, having just a will guarantees your loved ones go through probate!  </strong>Many people are shocked to discover that having a will guarantees their loved ones must go through the court process known as &#8220;probate.&#8221;  Yet, it&#8217;s true, if all you have is a will and you die, your loved ones will need &#8220;to prove&#8221; your will is valid and then the long, drawn out, expensive probate process begins&#8230;</li>
<li><strong> Your Living Trust Is Not Fully Funded.</strong>  A fully funded living trust is the only way to avoid probate.  But, chances are your on-line kit probably did not tell you that and you may have no idea how to fund your living trust, so it remains unfunded and won&#8217;t work!  I know, I&#8217;ve been there.  When we had bought our first home, I had a new baby, a full-time job, a husband in medical school and I learned about the importance of having a trust to avoid probate and other problems.  So, I used an on-line trust kit thinking I would just take care of this myself.  The problem, of course, was not only was the trust sorely lacking, even though I knew we needed to transfer title of our home to our trust, I never did.  We were so busy, trying to get through those crazy days.  I didn&#8217;t know where to begin.  How did I prepare the deed and where did I send it and how much would it cost?  I didn&#8217;t have a clue.  So, we put it off.  The problem is that if your living trust is not funded (e.g. your house is not owned by the trust and your other significant assets are not owned by the trust), then, guess what?  Your trust won&#8217;t work and your loved ones will be back in the probate court process.  So, you were basically throwing your money away.  Nobody likes to do that.</li>
<li><strong>If Your Trust Is Not Set Up Properly &#8212; You Could Owe The Government Hundreds of Thousands of Dollars in Taxes!</strong>  This one really surprises people because they just do not know any better.  This is a situation where ignorance is not bliss.  Right now, if you die and your trust is not set up properly in 2010 and you have assets that have experience significant appreciation, your loved ones could be paying capital gains tax!  This tax is only 15-20% &#8212;  nothing compared to the whopping 55% estate tax that is scheduled to come back next year; yet, it&#8217;s not insignificant!</li>
</ol>
<p>             In addition, next year if the estate tax exemption amount goes back down to $1 million dollars and your trust is not set up properly, your children could be paying 55% &#8212; that is over half of every dollar over $1 million.  Now, you might be saying, who cares?  We don&#8217;t have over a million dollars!  Or, you may be saying, holy moly, we have over a million dollars!  If you have minor children, own your own home, and have life insurance to provide for your children in the event something happens to you, then, chances are your estate is over one million dollars.  Yet, if your trust is set up right, you and your spouse can preserve your $1 million exemption, and you can pass $2million estate tax free to your children if you were both to die. </p>
<p>I hate to say it, but yesterday I was reviewing a trust that a couple prepared themselves using one of those on-line do-it-yourself services, and their trust did not preserve the estate tax exemption.  So, if they were to die next year or any year that the exemption is low (e.g. one million dollars), their children would be paying a quarter of a million dollars to the federal government in taxes!  Not a happy thought.  How many years of college would that pay for instead?  What else could your loved ones use that money for?</p>
<p>The thing is, these taxes are often voluntary.  With a little proper planning you can avoid paying them.  Unfortunately, the on-line do-it-yourself solutions do not provide the answer.  Sometimes, penny wise and pound foolish applies.</p>
<p>Estate planning is one area where you really do want to make sure you seek the help of trust advisor, your trust is fully funded, and your trust is set up properly to preserve your exemptions and help eliminate taxes.  It is not difficult to do, but you need to work with a lawyer that focuses their work in this area.</p>
<p>If you are in San Diego area, I&#8217;d love to help.  Check out my website and give us a call.  I can help you avoid the common pitfalls and make sure your plan will work for your loved ones when they will need it.  The reason we plan is because it will make things so much easier for our loved ones and it is so much easier for us to take care of it now then for them to suffer the consequences later.</p>
<p>Responsible families, we are here to help you get your legal documents in order!</p>
<p>Do not put it off, no one is promised tomorrow.</p>
<p>To your family&#8217;s health, wealth and legacy,</p>
<p>Kristina Haymes</p>
<p>San Diego</p>
<p>Personal Family Lawyer</p>
<p>p.s.  We are having a Mother&#8217;s Day &#8212; May Special.  Mothers (and fathers) who come in for a complimentary Family Wealth Planning Session (normally $750) will be able to nominate guardians for their children for absolutely free!  Make sure your children never end up in the arms of strangers.  Just call our office at 858-794-1426 and ask for Sarah, my client services director or go on-line and fill-out the contact form and Sarah will email you or call to schedule your appointment.  It&#8217;s that easy.  Offer ends May 30, 2010, and is limited to the first 5 families only!</p>
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		<title>Carmel Valley (San Diego) Mom&#8217;s Group</title>
		<link>http://haymeslawgroup.com/blog/?p=109</link>
		<comments>http://haymeslawgroup.com/blog/?p=109#comments</comments>
		<pubDate>Tue, 27 Apr 2010 21:08:52 +0000</pubDate>
		<dc:creator>kristina</dc:creator>
				<category><![CDATA[Kids Protection]]></category>
		<category><![CDATA[Moms Groups]]></category>

		<guid isPermaLink="false">http://haymeslawgroup.com/blog/?p=109</guid>
		<description><![CDATA[Yesterday, I had the privilege and pleasure of chatting with some local moms and their precious babies/toddlers about kids protection planning.  The Carmel Valley Moms group is a local chapter of MOMS  (moms offering moms support) and an article about the group and its founder, Ericka Sexton, can be found here. If you are a [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_113" class="wp-caption alignleft" style="width: 370px"><a rel="attachment wp-att-113" href="http://haymeslawgroup.com/blog/?attachment_id=113"><img class="size-medium wp-image-113" title="momsclub" src="http://haymeslawgroup.com/blog/wp-content/uploads/2010/04/momsclub-360x270.jpg" alt="" width="360" height="270" /></a><p class="wp-caption-text">Ericka Sexton with her two boys at Old Town last year...</p></div>
<p>Yesterday, I had the privilege and pleasure of chatting with some local moms and their precious babies/toddlers about kids protection planning.  The Carmel Valley Moms group is a local chapter of MOMS  (moms offering moms support) and an article about the group and its founder, Ericka Sexton, can be found <a href="http://www.delmartimes.net/news/259742-stay-at-home-moms-club-coming-to-carmel-valley" target="_blank">here.</a></p>
<p>If you are a member of the Carmel Valley MOMS group and missed the talk, here are some points we covered:</p>
<p><strong>The Straight Scoop on Legal Planning for Busy Moms&#8230; and how to:</strong></p>
<p>      • Be sure your children <strong>never</strong> spend even one moment in the care of strangers (or anyone you wouldn’t want) if anything happens to you.</p>
<p>      • Avoid the <strong>expenses and delays</strong> of a long, drawn-out court process that would make life difficult for your loved ones if you were in an accident.</p>
<p>      • <strong>Protect your children’s inheritance</strong> from creditors, lawsuits and failed marriages.</p>
<p>      • Make sure your <strong>hard-earned money is immediately and <span style="text-decoration: underline;">privately</span> available</strong> to your chosen guardians.</p>
<p>      • Leave behind <strong>more than just your money</strong>.</p>
<p>It was a quick talk and we did not go into great detail because our little people need lots of attention, but as one participant said, &#8220;it&#8217;s a good reminder of what I know we need to do but have been putting off.&#8221;</p>
<p>Legal planning is not something you want to put off because no one is promised tomorrow&#8230; and while we hope and pray that we all live long lives, part of being responsible parents is making sure our precious babies and children are provided for and protected if we cannot be here.</p>
<p>To help Carmel Valley moms (and dads) put-off procrastination and get things taken care of, every participant was given a Gift Certificate for a Family Wealth Planning Session (normally $750) where they can spend up to two hours with me and we will go over their particular situation and talk about what would happen under their current plan (even no plan is a default plan) and how they would like things to be.</p>
<p>If you missed the meeting and want to take advantage of this special offer, just call the office or send me a note.</p>
<p>We look forward to seeing you soon!</p>
<p>Warmly,</p>
<p>Kristina</p>
<p>p.s. if you have a different moms group and you would like to book me to come speak to your group (we keep it to 20 minutes or less), just go to our contacts page and send us a note and we can get you on calendar.  It&#8217;s free to your group and a great educational event for moms.</p>
<p><em> </em></p>
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