10 questions to consider as you think about creating or updating your estate plan (and why they’re important)

The Question

  1. Do you have, or anticipate having, any court judgments against you or a business in which you own an interest.

  2. Have you ever filed for bankruptcy? When?

  3. Are you receiving Medicaid or “means tested” government benefits (i.e., Supplemental Security Income)? What about close family members and the beneficiaries of your estate plan?

  4. Do you plan on leaving property to grandchildren or an individual who belongs to a generation two or more below yours?

  5. Is your family a “blended family?'“ Do you and/or your partner have children from a previous relationship? Have you and/or your partner been divorced?

  6. Are you current on your taxes? Credit cards? Real estate mortgages?

  7. Do you own real estate? Do you have adequate homeowner’s insurance? A mortgage? What is the plan after your passing? Rental property? Can a child move in to the primary residence within one year of your passing?

  8. Do you own any business interests?

  9. How do you plan on funding your retirement and care? Can you pay out of pocket?

  10. Can you predict future U.S. estate, gift, and income tax law?

The Why

  1. Transferring property may constitute a voidable (fraudulent) transfer.

  2. There are limits to when you can file for bankruptcy again.

  3. Receiving, or anticipating receiving, these types of benefits may limit your ability to transfer assets, how you own and use your assets, how to best leave property for your beneficiaries, and may impact your income.

  4. U.S. tax policy may tax gifts to these individuals, referred to as “Skip Persons.” It is known as Generation Skipping Transfer Tax.

  5. Family dynamics cannot be ignored. Family dynamics often is a primary reason for beginning the estate planning process in the first place.

  6. Failure to pay taxes and bills may result in liens, foreclosure, and bankruptcy.

  7. Proposition 19 and homeowner’s insurance are major concerns for Californians. Some transfers may result in property tax reassessment, mortgage issues, or insurance issues.

  8. Succession planning for incapacity and death is critical.

  9. A good estate plan will include an “elder law” component, even if Medicaid is not expected to be necessary.

  10. Answer: No. No one can! That’s why it is important that you meet with a competent estate planning attorney to discuss potential pros and cons and appropriate flexibility.

Is the initial meeting free?

Often times, yes. But not always. If you bring prior estate planning documents for review, and do not wish to move forward with a new or updated estate plan, there will be a charge for the initial meeting. Likewise, if you are looking for advice on a particular trust, estate, or probate question, or business, tax, bankruptcy, or other question, and are not interested in the office representing you, there will be a charge for that meeting. Sometimes, the full extent of a project may not be clear from the initial meeting. In that instance, Camarillo, CA attorney Ryan J. Casson Casson may request an initial deposit to bill against and ask that an initial fee agreement be executed before continuing to investigate and analyze the full breadth of the project. But in general, at the end of most initial meetings, he is able to quote you a flat fee for the entire estate plan or other project. Camarillo and Ventura estate planning, tax, and bankruptcy attorney Ryan J. Casson almost always quotes flat fees for all work. Court work, however, (i.e., probate and trust disputes, is often billed under an agreement that is by the hour).

Do I need to bring anything to the initial meeting?

Yes. Please bring any previous estate planning documents (copies are fine), whether you are looking for estate planning advice or will be performing a fiduciary role, i.e., executor in a probate. For instance, if you or a decedent has a Will, trust, or other estate planning documents, it will be helpful for Ryan to review them as you and he move forward. Depending on the breadth of the project, he may ask you to provide other documents and information.

Please note that, prior to the design meeting, an “Intake Questionnaire” can be emailed to you. Please complete it to the best of your ability and bring the completed packet with you.

Can my family members attend the initial meeting?

Yes. But consider rephrasing the question this way: Who is the client and to whom does the attorney/client relationship extend?

The attorney/client privilege, through the attorney/client relationship, often prevents anything discussed during an attorney/client meeting from later disclosure in court: confidential attorney/client conversations remain confidential. However, if an individual other than the client is present, the confidential nature of the communications may be jeopardized. 

While protecting the attorney/client privilege and confidentiality is always critical, it is even more important when discussing tax matters, potential claims and lawsuits, and unique family dynamics. The caselaw as to when the IRS can “pierce” attorney/client confidentiality is not always clear.

In representing a married couple, an attorney’s duty of loyalty extends to both individuals, and both the couple and the attorney must be certain that no conflicts of interest exist. Ryan maintains a “No Secrets” policy between couples! Whatever one married individual communicates to Ryan during the estate planning process cannot be hidden from the other person.

If you wish for other persons (family, CPAs, etc.) to attend the initial meeting or later meetings, or include them on emails or other correspondence, please understand that, in the event that a family dispute or other circumstance results in a future lawsuit or court involvement (i.e., a claim of duress or undue influence, or even a later divorce), there will be a much greater likelihood that the attorney/client privilege will be “pierced” and unable to protect the substance of the otherwise confidential, privileged conversations. Ventura County trusts and estates and probate attorney Ryan J. Casson is happy to discuss this further with you.

What do we discuss at the initial meeting?

As we all have different purposes and objectives and varying circumstances, the topics and issues can vary quite a bit. But for most people, we will begin discussing the estate planning process and work to begin identifying your overarching objectives and a timeline. If you have been nominated as a fiduciary (i.e., trustee or executor) and the meeting is to figure out what we need to do, that is what we will do. If you find yourself needing to file a court petition or lawsuit involving a Will contest or probate, a trust, a creditor issue, an IRS or California tax issue, or bankruptcy, we will begin discussing your potential choices and what to expect next.

Rest assured that attorney Ryan J. Casson will hold your hand along the way.

An estate plan needs to be funded, right? Who handles this?

Yes, that is correct. In general, the estate planning client(s) will be responsible for performing basic trust funding. This involves the client(s) contacting their banks and informing them that they would like their accounts to be titled to their trust and/or payable on death or transferable on death to their trust, and contacting the companies managing their retirement accounts and informing them that they would like to update the individuals or trusts they would like to designate as the death beneficiaries (ownership of retirement accounts is NOT changed during the owner’s life). While Ryan’s office will prepare appropriate real estate deeds and business/transactional documents, you will need to “link” your assets to your trust, as you desire. Of course, Ryan will be available to answer any questions that you may have.

Does the Law Office of Ryan J. Casson handle any tax returns?

If hired, as appropriate, and as agreed between Ryan and a particular client, Ryan may file federal estate and/or gift tax returns. Ryan does NOT file income tax returns. Any and all income tax returns will remain the responsibility of the client.