Be sure to sign up for one of our upcoming workshops…

7 Little Known Steps You Must Take to Protect Your Kids In This Crazy World—-

Come on our for a free kids’ party and legal workshop where you will learn how to make sure you kids are protected and provided for in the event something were to happen to you…

Free Legal Seminar for Families

Parents… Are Your Kids Protected

If Something Happens To You?

I’m Kristina Haymes, and I’ve been practicing

law for a decade now. I was shocked to discover

that 69% of families do not have adequate

protections in place to protect their kids were

something unexpected to happen to them! The

sad truth is that if you died tomorrow, without

an adequate long and short term plan in place,

your kids could end up in foster care, a judge

may decide who will raise your children, and any

money or insurance you leave behind could go to

your kids directly at age 18!

As the loving parents that I know you are, you

have an obligation to effectively plan to protect

your kids and provide for their future.

At our next Free Legal Seminar,

 I had no idea that the family actually had lived in La Jolla and I am sorry if retelling the story caused pain.  The story was true and the reason the story was retold was to raise awareness that tragedy could strike any of us… and as parents of children, we want to make sure that our kids are protected and family feuds are avoided.

That is why I do what I do.  To help parents like me, make sure their kids are protected.  We all hate to think about it.   And we all sincerely hope that it won’t happen to us.  And, chances are it won’t happen to MOST of us.  But what about those who aren’t so lucky?  I think that we would all agree that we are not willing to take the RISK.

We want to make sure we have a rock solid Kids Protection Plan where we have provisions for who will care for our kids in the short and long term if something were to happen to us.  We want to make sure that they have resources and someone who will love them and raise them if we cannot.

That’s why we retell stories of tragedies, so that people are aware of the CONSEQUENCES of not planning.  Because if you don’t have a plan in place, and something happens… bad things can happen and your children can suffer more pain.

No one wants that.

We don’t want to benefit from people’s tragedies.  We re-tell stories not to cause further pain, but to educate people so that others can learn from their experience.  If it happened to me, I wouldn’t want others to experience the pain that my children suffered.  If I could prevent that for some other family, then I would want my story to be used to help others.

I understand that others may not feel that way.  And, I am sorry if running the story about the La Jolla family caused further pain.

Make sure that you have a plan in place for your kids, so that if, God forbid, something does happen to you, your kids will be protected from court battles, family feuding, and difficult struggles during an incredibly difficult time.

As parents, that’s really all we can do (and in the meantime live well, love well, and be well).

Hug your kids today.

Spread the love and we hope you accept our sincere apology.  We won’t mention any names in any ads again.

Create Your Legacy.

Warmly,

Kristina

p.s.  if you want to learn 7 Little Known Steps You Must Take to Protect Your Kids in This Crazy World, be sure to register for our next seminar on Thursday, Feb. 25 or Saturday, Feb. 27 at Pump It Up.  Register on the events page or by calling our hotline at 858-207-4884.  Free Kids Party at the inflatable party zone and free seminar for parents.

Be sure to reserve your space on our events page by signing up now since the seminars fill up fast.

As seen in the Carmel Valley News, we offer a fun kids’ party and free legal workshop on 7 Easy Steps to Ensure Your Kids Are Protected in this crazy world… you won’t want to miss our next one…

On New Year’s Day I did a Signing Ceremony at our client’s home.  A Signing Ceremony is where the clients sign their Living Trust, Wills, Kids Protection Plan (short and long term guardian nominations and a host of other documents to protect and provide for our little people), Advance Health Care Directives, Power of Attorney… You know, all the legal documents that San Diego Families really need to have to take care of themselves, their assets, and their loved ones in the event something were to happen.

The Signing Ceremony took place at our client’s home on New Year’s Day.  How cool is that to have the John and Sue Smith Living Trust dated 1/1/10? (names have been changed of course!)

It’s a nice little perk that we offer our clients.  Especially for our clients who have young children, it’s nice not to have to worry about getting a babysitter or to make another trip to your lawyer’s office (after you have spent time there designing your Estate Plan).  We can make house calls and do Signing Ceremonies at our clients’ homes.

What a great concept!  Some of our clients love it while others prefer to come to our conveniently located Carmel Valley Office for their Signing Ceremony.

Either way, for Haymes Law Group, it’s all about providing extraordinary client service.  Time to plan your estate today.

Let me know how I can help.

San Diego’s Personal Family Lawyer,

Kristina Haymes

San Diego’s Estate Planning Attorney

However, with the Senate’s inaction, the Estate tax in 2010 will be zero.  Yet, as I have discussed previously, the Estate Tax disappearance is combined with a potential increase in Capital Gains taxes for inherited assets. 

The disappearing Estate Tax is likely to be short lived, however, as Democrats are promising to reinstate the Estate Tax in 2010 and make it retroactive to January 1, 2010.  So before you encourage any of your wealthy relatives to wait until 2010 to die, see what happens in the Senate.

Republicans are working to keep the exemption amount high – $3.5 million or higher and the tax rate at 35%.  Democrats want the exemption level lowered and a higher tax rate, e.g. 55%.

If Congress does not enact a new law, the Estate Tax will return on January 1, 2011 to its 2000 level taxing an estate valued at over $1 million at a tax rate of 55%.

Chances are that a compromise is going to be reached and we will continue to have an Estate Tax in 2010.  So, stay tuned!

Create Your Legacy,

Kristina Haymes

San Diego’s trust and estate attorney

Personal Family Lawyer

Yet, as your San Diego Personal Family Lawyer (R), it’s my desire that each and every one of my clients are thrilled with our trust and estate planning services.  Accordingly, we provide all our clients with a Satisfaction Guarantee:

“At Haymes Law Group, P.C. it is our mission to provide you and your family with top quality legal services.  In the rare instance we make an error, we personally guarantee to make it right for you.”

Likewise, if you have paid a deposit and we have not completed your plan and you are not satisfied with our service, we will refund your deposit.  We are so sure that we deliver fantastic service and counseling regarding your estate plan, that you will be pleased.  But if not, the risk is all ours.

How about that?

How many of your advisors will put their money where their mouth is?

We wouldn’t have it any other way. 

Create Your Legacy Today,

Kristina

The current bill — which is now in the Senate — would extend the 2009 exemption amount of $3.5 million indefinitely and adds back in a carry-over basis for assets.  Thus, when someone dies with an estate valued at under $3.5 million, there is no Estate Tax.  Those who inherit assets would get a reduced valuation basis (thus, decreasing the proposed increase in capital gains tax).

If the current law is extended, then the Estate Tax would not be something that affects the average American but a small percentage of the population.  However, here in San Diego County we have a larger percentage of people with valuable estates that would still be affected by the Estate Tax and need to do estate planning to mitigate the tax.

Nevertheless, the debate is not over.  Congress is currently occupied with potential health care reform.  And some people think that the Senate will not pass the bill making the current exemption amount ($3.5 m) permanent. 

So, only time will tell what is going to happen to the Estate Tax.  I think given the time constraints and the other pressing business, that Congress is likely to extend the current amount for a year but not indefinitely.

Mitigating potential tax consequences is only one benefit of preparing an Estate Plan.  There are many other important reasons to plan your estate — besides avoiding giving half of it to Uncle Sam.  For example, many people want to control their assets during their life and decide what to give, to whom, when they want and in the way they want.  If you have spent a lifetime building up a business or a valuable estate then, it makes sense that you want to control the distribution. 

In addition, planning for incapacity is also an important reason to do estate planning.  Statistically speaking, we are six times more likely to become incapacitated then we are to die.  Making sure our resources are available to us and our loved ones in the event of incapacity is critical. 

Of course, if you have minor children, then having an effective guardianship plan that provides for both long and short term guardians is essential.

Stay tuned and we’ll let you know what happens with our federal estate tax and how it may or may not affect your Estate.

Create your legacy!

Kristina

Family feuding can destroy relationships… I’ve seen it many times.  Yet, an ounce of prevention is worth its weight in gold.

This article on yahoo’s finance page from US News caught my eye today…”8 Tips to Avoid Nasty Estate Surprises”

The article mentioned that estate litigation was on the rise.  The premise that estate litigation is on the rise was not based on any serious statistical date, but rather on anecdotes from lawyers around the country.  I don’t doubt that estate litigation is on the rise, I just wanted to indicate any percentages were guestimates.  

The article also mentioned two key factors that likely are leading to the increased estate litigation – the downturn in the economy (declining estates — whether through decreased real estate value, stock values, and other investments) and a 20 year shift to more blended families and a more segmented society.

The article then discussed 8 tips to avoid future litigation.  You may not agree with all 8 of the tips… but there is a common theme… in order to minimize estate litigation and family feuding, hire a good lawyer to do an estate plan.  Have your lawyer regularly update your plan and talk with those in your plan about your plan.   Another good tip in the article was to include a no contest clause and to have a mediation clause for those who seek to challenge the trust or any will.

With regard to discussing your plan and your intentions with your loved ones, this flies in the face of conventional  practice.  Typically,  parents design plans and then don’t tell the kids or grandkids about the plan.  It’s supposed to be a big secret — especially if they decide to favor someone, or disinherit someone, or do something else that is likely to be controversial or conflict inducing later.  Avoiding conflict is a way of life for many.  Truth be told, my natural inclination is to avoid conflict too.

Yet, after becoming engrossed in conflict resolution training as a mediator and working with parties to resolve conflict, I discovered that although we may feel uncomfortable at times, getting things out in the open is much more productive then leaving a mess for those who are left behind.  Of course, difficult conversations are never easy — and you have to have the fortitude to stick with your guns and hold your ground on your decisions.  After all, it is YOUR estate and YOUR plan.  In my experience, one reason people don’t want to discuss their wishes with people is because 1) they don’t want to upset people (but they will be more upset after you’re gone); or 2) they don’t want people who don’t like their decisions to put pressure on them to change their mind.  It’s true that depending on family dynamics, there may be family members who will pressure you to change your mind.  It’s helpful to have an advocate (your lawyer) who will help you stand by your decisions and to do what you think is best.  It can be empowering for everyone for you to speak the truth in love.

So, I am all for difficult conversations.  They are difficult for a reason, but if handled with love and honesty, the end result is so worth it.

If you have ever experienced family feuding or broken familial relationships, then you will understand how devastating this can be.  My dad’s family had its share of family feuds.  It was for this reason, that he emphasized with us over and over that he wanted us kids to be friends, and not to fight, and to get along.  Nothing was worth destroying the familial relationships.  I think that is why after he died, even though we didn’t agree on everything, and even though his plan wasn’t up to date and had a lot of problems, we are still friends.  My brother was upset about the fact my dad had me act as trustee, but he is getting over it.  Plus, as a lawyer, I was able to save us thousands of dollars in putting together the pieces of an estate plan that was not updated, a trust that wasn’t fully funded, and an overall plan that was a mess (still better than no plan!).

The point of this story is that creating a comprehensive estate plan, that is updated regularly (so that it accounts for changes in the law, or changes in the value of your assets), is important to create a plan that will work.  In addition, planning isn’t something that we do for ourselves, it’s something that we do for those we love who will be here when we are gone.

If you can create a rock solid plan that will work, and talk with your family or loved ones about your wishes, even if they may be unpopular, you will take huge strides toward avoiding estate litigation and family feuding down the road.

As a personal family lawyer, we work with clients over their lifetime.  We regularly update our clients’ estate plans and have a system in place to provide ongoing advice and counsel.

Because your legacy is about so much more than just money, avoiding family feuds and future litigation is a great reason to get your legal and financial house in order now.  If you need someone that also has training as a mediator and dealing with conflict, then let me know.  I’m here to serve you.

Create your Legacy Today!

Kristina

For those of you with children, you may be recounting our nation’s history and the pilgrims, or Squanto’s Journey.  We added “P is for Pilgrim” to our Thanskgiving reading list this year.  As a parent, I’m thankful that we have a holiday where we all take time out to give thanks — we have so much to be thankful for!

I am thankful for my family, good health, being in San Diego, soccer, swimming and so much more.

This year in particular, I’m thankful for the Personal Family Lawyer program that I recently joined.  If it weren’t for the PFL program, Haymes Law Group probably would not exist!  So, I’m thankful for Alexis Martin Neely and the PFL program and Siddharth Chhokar at Chhokar Law Group.  I am thrilled to be a Personal Family Lawyer and to have a business model that facilitates the process of being a lawyer that makes a positive difference in people’s lives.

I look forward to serving the families and businesses of San Diego County with their legal trust and estate needs.

What are you thankful for this year?  It’s been a tough year for us in oh, so many ways, but we grow and become stronger, we streamline, we reevaluate our priorities and what really matters in life.

Thank you!  I’m grateful and that makes me happy to be alive.

Kristina

And yet, left to our own devices we will fall short of reaching our extraordinary potential!

I was thinking of this in the context of legacy and what this blog is all about – leaving a legacy.  It is my sincere desire to empower you to create a legacy that lasts.  I believe that a foundational principle to creating and leaving legacy is to live an extraordinary life.  Your legacy will not be measured with just material wealth and how many foundations you fund or charitable remainder trusts you are able to create — although, isn’t it a wonderful and awesome privilege to do these things?  Your greatest legacy is created by how you live.

The question about your legacy really is will you rise up and fulfill the destiny that was created for you? 

We all have the potential to do great and marvelous things.  The catch is that empowerment to live an extraordinary life, to be extraordinary and to do extraordinary things comes from God.

I leave you with John Bevere’s anthem of extraordinary…

The Anthem of Extraordinary

I see a generation comprised of all ages inclusive of men and women, awakening to the extraordinary qualities hidden within. The power to accomplish remarkable feats and live an exceptional life is not defined by an individual’s family, education, or occupation; it’s a disposition of the heart. Unless it’s suppressed, there is an innate desire to rise above the norm. I encourage you to step into the unknown, embrace the divine empowerment, and live your extraordinary life.”       
-John Bevere

Wow!  Will this be your anthem?

Leave Your Legacy!

Kristina