You have made the decision to address your estate planning because you want to maintain control over your personal and financial decisions in the event of your incapacity or death.  You have found a competent estate planning attorney who is licensed to practice law in your community.  You have even taken the big step of scheduling your first appointment with your new attorney.  What should you expect at the first meeting?  Different attorneys have different approaches.  Below is a description of my typical agenda for a first estate planning meeting.

Local estate planning attorney Kyle A. Krasa has been nominated as “Best Attorney” for the Monterey County Weekly’s publication, “Best of 2017.” 

“It is quite an honor to be nominated for this category,” said Krasa. “I am humbled by the recognition.” 

You can vote for Krasa as well as many other nominees in a variety of categories here: Read More

Lawyers are not known for their clear and understandable explanations of legal issues. In fact, the language most lawyers use in attempting to communicate legal concepts is often referred to as “legalese.” Merriam Webster defines “legalese” as “the language used by lawyers that is difficult for most people to understand,” or more precisely, “legal jargon.” Although legal language is important to communicate complex legal concepts and principles, such language is not easily understood by laypersons. To paraphrase Lord Byron’s Don Juan, most people wish lawyers would “explain their explanations.

At its core, estate planning is not something that you necessarily do for yourself.  Instead, estate planning is something that you do for the people you love.  Often the primary motivating factor for clients to engage in their estate planning is the unpleasant experience of administering a decedent’s estate that was not addressed properly.  In addition to having to grieve your loss, a poorly execute estate plan – or no estate plan at all – can leave your loved ones mired in years of unnecessary confusion, delay, expense, and frustration.  Conversely, a compressive, up-to-date, and detailed estate plan will serve as one of the best gifts you can make to those you care about.

 
A paramount goal of estate planning is to protect and preserve your hard earned assets for your loved ones.  Most basic estate planning focuses upon specifying the beneficiaries of your choice, mitigating taxes, and providing an efficient method for the transfer of assets upon death without the unnecessary delay and expense of a formal probate.  A revocable living trust is often the best vehicle for accomplishing these goals.  However, most basic estate plans focus only on the transfer process and do not focus on providing continued protection after your beneficiaries have received their inheritances.    

To provide continued protection for your beneficiaries, you might want to consider providing an “in-trust” inheritance.

When I was a kid, one of the most popular sitcoms was Golden Girls.  I often watched it with my grandmother.  On a typical Saturday night in the 1980’s, my grandmother in her 70s, and I, an elementary school child, would laugh together at Rose’s St. Olaf stories, Blanche’s exploits, Dorothy’s bad luck, and Sophia’s witty yet insightful comments.  In college, a few of my friends and I agreed that when we were ready for retirement, we would get a house together and be the “Golden Boys.

Last weekend, the Chicago Cubs won the National League Pennant for the first time since 1945.  They have an opportunity to win their first World Series since 1908.  Even though I grew up on the Monterey Peninsula, I always like the Cubbies.  Wrigley Field, with its ivy-covered brick and history, the Billy Goat Curse, and the fact that they hadn’t won in a long time appealed to me.  

Additionally, a lot of 1980’s pop culture that I consumed as a kid featured the Cubs.

Local attorney Kyle A. Krasa was the winner of a “Golden Pine Cone” award from The Carmel Pine Cone for “Best Estate Planning Attorney.” 

Each year, readers of the venerable publication vote on the best businesses and services in the area.  This was the second time that Krasa received the award.  “I know that this honor is because of my clients, my employees, my colleagues, and members of the community.

An estate plan consists of a series of decisions.  These decisions include whom to name as your financial agents in the event of incapacity or death, whom to name as your health care agents in the event of your incapacity, who should receive your assets upon death, and whether and to what extent you should place conditions or restrictions on inheritance.  

These decisions necessarily involve inclusion and exclusion: you will favor certain people at the expense of others.  There is no duty to disclose these decisions to the parties involved in your estate plan, such as your named agents or your beneficiaries, until you pass away.  Upon death, your closest family members and those who are named in your estate plan will learn of your decisions.

Limited Liability Companies, or “LLC’s,” are popular legal structures for maintaining investment assets or operating a business. Although they involve additional administration and specific formalities, they can also provide many benefits.   

Establishing an LLC

One of the first considerations in establishing an LLC is choosing the right jurisdiction.  LLC’s may be formed in any of the 50 states regardless of where the owners, or “members,” reside or where the LLC is to conduct business.  The home state of the members might not necessarily be the optimum jurisdiction for forming an LLC.