Well, since there is no way you have been able to hide from the media frenzy, I will add my comments about the talented entertainer who hails from my wife’s home state! 

Michael Jackson, it appears, engaged in thorough and thoughtful estate planning, by establishing a Revocable Living Trust.  This means Mr. Jackson’s pertinent provisions about the distribution of his wealth would be written down in a Living Trust document, which is entirely private.  The Will, which has been made public, is a standard “Pour Over” will that says any wealth not previously transferred to the Michael Jackson Family Trust should be transferred to the Trust after his death.  The Will also explained who are the preferred guardians for Michael’s minor children.  The Trust probably names Trustees to manage the financial assets and wealth for the children.  Michael Jackson created an estate plan designed to make sure his wishes were kept private.

The media, whether newspapers or TV “talking heads”, are clueless about estate planning ideas.  The media does not understand the difference between a Trust and a Will.  It might have helped many people had the media understood the basic concepts.

It is so important to be totally informed before making life decisions, and Michael Jackson did his homework when it came to his children and family wealth.

At the Cramer Law Center, that is our goal, to educate and help you make the best decisions for you and your family.

Shopping for school supplies and clothes or uniforms is a busy time for parents.  As you cross off each item on the list – don’t leave out the most important one!

Protecting your Children in an Emergency

Whether your children or grandchildren are heading back to a local school, or boarding school, or college further away, you want to be sure that your children will be protected in an emergency if they are not with you.  The Cramer Law Center can help!

Here are some reminders and suggestions.

For Children under 18 – “Minors”

1.         In addition to your child’s school, make sure all of the people who take care of them – including grandparents, babysitters, older siblings, or neighbors have your up-to-date contact information, including changes in your cell or pager numbers.  And don’t forget to update that emergency contact list on your fridge or bulletin board!

2.         Contact our office about the documents that you need to ensure that the appropriate people in your life have the ability to make decisions about your child (e.g. in a medical emergency) if you can’t be reached or are out of town.

3.         Enroll your child in the DocuBank Family Care Card, so that your child’s caregivers (babysitters, grandparents, etc.) as well as doctors and hospitals can have immediate access to the information they need to care for your child in an emergency.  And, you get an alert if the card is used.

For Children over 18 – “Young Adults”

1.         Make sure that your 18 year old signs, at the very least, a Healthcare Power of Attorney and a HIPAA Release, even if they are in college.  They are now legal “adults” and these documents can ensure that a hospital will still give you medical information about them in an emergency.

2.         Ensure that these documents will be available immediately at the hospital when needed by enrolling your child in DocuBank I.C.E. (In Case of Emergency) for college-age children.  You will receive an alert from DocuBank if your child’s I.C.E. card is used by emergency staff.  (Additional note:  I.C.E. and an “adult child” planning package can also make a great gift for grandchildren.)

Call the Cramer Law Center today to discuss these special documents and services that can make a critical difference for you and your child in the event of an emergency.

Let us handle this burden, so you and your children can enjoy a great school year!

A basic tenet among trust and estate lawyers is that communication is the key to peacefully transferring one’s assets – communication to the beneficiaries at the time the Will is made and by the Personal Representative when it is probated after the death.  (In the case of a living trust, an advantage of the trust is that it can keep family money matters private by avoiding the probate court, where records are public.)

            As a teenager in the 1960’s, I remember a funny story on a record called “The Reading of the Will”.  It went something like this:   A family gathers in court for the reading of their husband and father’s will.  The Judge begins reading the deceased Marvin’s own glowing descriptions of his wife and sons, to each of whom he leaves $1 million dollars.  Family members “ooh and ahh” at Marvin’s wealth and generosity.  Then the Judge’s tone of voice changes as he reads:  “And to my brother-in-law, Sam, who lived with us for 10 years rent-free, and who never lifted a finger around the house, and who said I would never remember him in my Will . . . . .   “Hello Sam.”

            Will you leave a positive communication like a devoted great Aunt, for example, who opened up bank accounts on the day each young relative was born and added to them every year so that by the time she died she left a lovely, surprise bequest to each. 

            Or, will you be like a man I know who died at age 50 of a heart attack.  He had long known that his family had a history of premature death from cardiac arrest.  This competent professional man did not have a Will or Trust because it seemed he couldn’t face the choices he would have had to make in allocating money between a second wife and the children from his first and second marriages.  Or, maybe, he was afraid to make a Will because he was superstitious.  This was and always is a serious mistake.

            So whether you are remembered like “Marvin” or that great aunt, be remembered as someone who planned for your loved ones and was not so afraid or superstitious so as to leave them in a mess.

            As the season begins to change, change your thinking  about estate planning.

Frank Capra:  Genius Director on What is Really Important in Life

A Vision of Good People in a Great Country.

            Capra movies are quintessentially American.  His dramas are inspirational, patriotic and filled with a sense of duty.  His comedies are witty and warm.  His films are richly entertaining, and his vision of the nation’s heart and soul will make you yearn for simpler times. 

            In 1938, Frank Capra directed a movie called “You Can’t Take It With You”.  Capra uses some of his favorite cast members, Lionel Barrymore as the adorable grandfather of a free-spirited and loving family, who unfortunately live in the last house in the neighborhood that the local banking family needs to buy for some under handed financial scheme.  Jean Arthur stars as the closest-to-normal member of the family, and Jimmy Stewart as the banker’s son madly in love with her.

            Capra spins his yarn and teaches the banker that there is more to life than money and power.  In the end, the banker realizes he will lose his son and self-respect if he goes through with his scheme.  The film resonates with everyone because it’s all about relationships, friendships, and the values by which you live your life!

            “You Can’t Take It With You”.  1938.

This is the second newsletter in our series discussing the 6 common mistakes parents make when naming guardians for their children.   Mistake #2:  You may have named a couple to act as guardians and you have not indicated what should happen if the couple broke up or if one of the partners in the couple died.  This means your children could end up in the care of someone you wouldn’t really want.

            As an example, you name your brother and his wife, Bill and Mary, as guardians.  But what if they divorce?  Or, what if Bill died before you?  Would you want Mary, who is not related to you, to still serve as guardian for your children?

            Some options to consider would be:  1) naming Bill and Mary to serve as guardians only as a couple (jointly only);  2) naming Bill and Mary to serve jointly, or the survivor can serve, if you are comfortable with either of them serving alone; 3) Bill to serve alone; 4) Mary to serve alone.

            As this series illustrates, there is more to naming guardians than most people think.  This helps explain why the real value received by consulting an estate planning attorney is in the counselling, not the documents.

In this newsletter, we will begin a series on the 6 common mistakes parents make when naming guardians for their children.  Naming guardians for minor children is the first step in the estate planning process for most parents.  Without proper counseling concerning all of the issues involved, mistakes can be made. 

            The first common mistake is that you very likely only named long-term care guardians and did not make any arrangements for the immediate term care of your children if you were in an accident.  This means your children could be taken out of your home and into the arms of strangers until the authorities could figure out what to do.

            What about the short term?  For example, your children are with a baby sitter while you have gone out together for the evening.  In the unlikely event that you are in a bad car accident, the police are going to come to your house.  You left your cell phone number and your neighbor’s phone number with the baby sitter.  What do you think would happen?

            Without legal documents naming short-term guardians BY LAW your children can be taken into the custody of the Department of Children and Families child protective services and placed in foster care until the children’s named legal guardian is available.  In many cases, this legal guardian (say, a sibling or parent of the parent) lives out of state and needs a few days to arrive on the scene.  Naming a local temporary guardian can avoid having the children placed in foster care for those few days.

            For short-term guardians we recommend that you consider people who live within a 20 minute drive of your home.  People your children know, love and trust that can be there right away.  You should provide them with Legal Documents they need.  The baby sitter should be instructed on whom to call in the event of an emergency. 

            To ensure that a child’s important information is known in a medical emergency, Cramer Law Center registers its clients in a service that provides instant electronic access to a child’s emergency information and documents, including documents which name local, temporary guardians.  This program is designed to provide access to the information a non-parent caregiver might need in case the child in their care faces an emergency situation.

            So make sure you name local, temporary guardians for your minor children and that the legal documents naming those guardians are readily accessible in the event of an emergency.  We can help.

We interrupt our series on the 6 commons mistakes parents make when naming guardians for their children to bring you this Halloween-themed newsletter.

It’s 8 pm and the pain in your chest is still there.  You finally admit to your loved one that maybe it’s time to go to the hospital.  You can see their worry as they grab the car keys and hurry you out the door to the emergency room…

Let’s face it, going to the hospital can be a little frightening.  But there are ways to prepare yourself and your loved ones.  A little bit of preparation can make the experience better for everyone: you, your family, and the hospital staff.

1. Make sure that your healthcare power of attorney is up-to-date.  This document names the person (or persons) you would like to make medical decisions for you if you can’t do so.  Review this document periodically to make sure your choice(s) is still valid.
2. Review your Living Will.  This document states your desires regarding treatments you would (or would not) want to receive in the hospital if you cannot make these decisions yourself.  Your living will is an important resource for your healthcare power of attorney should he/she need to make decisions about your care.
3. Make your decision about organ donation and document it.  If you would like to donate your organs at the time of your passing, make that decision now and put it in writing.  One organ donor can save up to 8 lives and the need far exceeds the supply.
4. Talk to your loved ones about your healthcare choices:  who you’ve named as your healthcare power of attorney, what your medical wishes are, and whether you want to be an organ donor.  The more they know in advance, the easier it will be for them if they ever have to step in. 
5. Carry your DocuBank wallet card.  Our firm provides this card to our clients because we know that immediate access to your emergency information and healthcare directives is important.  Make sure that your card is next to your driver’s license in your wallet at all times.
6. Update the emergency information you store with DocuBank.  This includes your allergies and medical conditions that display on your Emergency Card and can help with your emergency treatment.  Also update your doctor’s and emergency contacts’ names and phone numbers. 

At the hospital, the ER staff asks you many questions.  One of them is whether you have a living will or other healthcare directive (they may call it an “advance directive”).  You or your loved one presents your DocuBank card.  Hospital staff can make immediate note of the allergies and medical conditions on your card.  They then use the card to obtain your directives, adding them to your chart immediately.  There is no fuss about where your living will is or who should go back home to get it.  Your card takes the stress off you and your family when the focus should be on your health, not your healthcare directives.  The doctor comes in and you start to relax a little… 

If you have questions about your healthcare directives or your DocuBank membership, please call us at 904-448-9978.  We’ll be glad to help.  Happy Halloween!