Author: Michael

“Oh, We Didn’t Use an Attorney…We Bought It Online”

Because I regular comment about the risks and dangers of online estate planning documents, I’ll keep this post short.  The words above were heard by a banker friend of mine.  The context of the statement is just to good to not write a post about it.

The customers have a very elderly aunt (in her 90s) for whom they have power of attorney.  They brought the document into the bank because aunt needed to them to get into her safe deposit box.  So the banker sends the power of attorney to the bank’s legal department.  The answer back – “no.”  Why?  Because the power of attorney made a very general statement about financial powers and did not include the ability to access a safe deposit box.  The banker’s suggestion to them was to go back to the attorney who drafted it and have it changed.  They’re response was, “oh, we didn’t use an attorney . . . we bought it online.”  So, they had to go get elderly aunt who lives almost an hour away, bring her into the bank on a different day, and have her authorize drilling the safe deposit box (she had lost the keys).  Were they upset?  You bet they were!  But it was of their own doing.

And they were lucky!  How?  Because if aunt hadn’t been competent, they would have had to go to court to get the authorization.

Almost every attorney I know who specializes in estate planning includes a provision in the power of attorney to cover the above example.  Why?  Because it’s what we do.  We deal with it on a daily basis.  Although not having the one provision is not the point, we know that more and more financial institutions are requiring specific authority for different transactions such as accessing a safe deposit box.

Do you have a similar story?  Email me or share it in the comments below.  I always enjoy hearing from my blog readers.

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses throughout Grand Rapids and West Michigan.  He specializes in Whole Family Wealth™ planning for professionals with minor children, doctors/physicians, nurses, lawyers, and the “sandwich generation” (caring for parents and children) – and does so from a Christian perspective.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

Motley Fool Tries to Explain a Trust

You know me.  I’m not a fan of folks giving advice in an area about which they’re not qualified.  And as long as people would take it for what it’s worth and seek out the advice of professionals in the area, I’m ok with it.  But many do not.  Many folks hear or read advice from a big name (e.g., Dave Ramsey) and take it as the best advice to follow, rather than just the opinion of someone who is not a professional in the area.

So, what does that have to do with the Motley Fool?  It is exactly what they did in their “Ask the Fool” section in the Sunday, July 25, 2010 business section of the Grand Rapids Press.  First, I want to say that I’m a big fan of the Motley Fool for financial advice.  Much like I’m a fan of Dave Ramsey’s advice for getting out of debt.  However, when they decide to go “off the farm” and delve into an area that is not their expertise, my enthusiasm for their advice quickly wanes.

The question asked in the “Ask the Fool” section was: What’s a trust?  Brevity of the response aside, it mis-stated part of the concept and gave some advice that is far short of ideal.  They stated that a trust is a legal tool whereby someone gives control of property to a person or an institution.  Ok, close enough in my book.  I would say it is a contract/agreement between the creator of the trust and the trustee agreeing that the trustee will hold title/ownership of the assets for the benefit of the beneficiary(ies).  Then they go on to say that the beneficiary owns the property but the trustee controls it.  I beg to differ.  Who the “owner” is depends on the terms of the trust.  Maybe the beneficiaries are the owner, maybe not.  Yet they just make the blanket statement and leave it at that.

Some will say, “Mike, you’re really splitting hairs here.”  Maybe I am, maybe I’m not.  So surely they must have advised the person asking the question to talk to an estate planning attorney, right?  Nope!  Their response was to “learn more from a financial adviser!”  Yep, that’s right.  A financial adviser.  I guess that shouldn’t be a surprise since Motley Fool is known for giving sound financial advice.  Yet here they are (incorrectly) answering a question about a “legal tool” (their words) and then directing folks to a financial adviser rather than an estate planning attorney.  Would they suggest a reader talk to an estate planning attorney about the best long-term investment to get the reader to retirement?  Of course not!

So there you have it.  Again, a well respected person/group highly qualified in one area can’t help but give advice on a topic about which they are not professionals.  And then they direct readers to someone who, although qualified in the financial arena, is also not qualified to give proper advice.

What do you think?  Am I blowing these issues out of proportion?  Should these individuals and institutions be held accountable for the “off the farm” advice they give and the way it could harm the legacy of families?  I would love to hear your thoughts . . . even if it is to tell me I’m “off the farm.”

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses throughout Grand Rapids and West Michigan.  He specializes in Whole Family Wealth™ planning for professionals with minor children, doctors/physicians, nurses, lawyers, and the “sandwich generation” (caring for parents and children) – and does so from a Christian perspective.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

Legacy Planning for Your Whole Family Wealth™

When meeting people for the first time, I’m regularly asked “what do you do?”  I help families create a lasting legacy through Whole Family Wealth™ Planning.  Of course that prompts the question, “what is Whole Family Wealth™?”  I thought I would share the answer here so everyone can benefit.

Whole Family Wealth™ is about planning to pass on more than just what you have – it’s about who you are and what is important to you.  Your values, insights, stories and experiences.  Because it is those values, insights, stories and experiences that are going to matter most to your children/grandchildren when you are no longer around.

For instance, the Allianz American Legacies Study found that non-financial items that parents leave behind, like ethics, morals, faith and religion, are ten times more important to people than the financial aspects of inheritance.  And that makes sense.  If you think about it, by having your values, insights, stories and experiences shared with them, your family will be able to build their own financial wealth.  Sadly, it doesn’t work in reverse.  Once you are gone, so are any values, insights, stories and experiences you haven’t passed on.  Experience has shown me that even though we think we do a great job of sharing those “intangible assets,” in fact we have so much more that we could have shared that would have added a lot to the Whole Family Wealth™ of our loved ones.

So, how do we plan for your Whole Family Wealth™?  We do several things:

  • First, we take a significant amount of time to really learn about who you are as a person – your goals, wishes, hopes, and dreams for yourself and for your loved ones.  We want to know who you are as a person and what is important to you.  One of our clients commented that “Mike was very easy to talk to and I was able to convey my thoughts and feeling about my plan.  He listened to me very patiently and gave me his full attention.”
  • Second, we work with you to determine how we can use planning as a way to pass on these goals, wishes, hopes and dreams.  The idea being that your plan is uniquely representative of who you are and what is important to you.
  • Third, we include ongoing reviews of your planning at least every 3 years in all of our planning levels to make sure your plan is still in line with your legacy goals.
  • Fourth, we include a Priceless Conversation in all our planning levels.  This is a conversation we have with you on various subjects that enables you to share your legacy from your heart, not your head.  We record the conversation to a CD which is then placed in a presentation box with a summary of the conversation and the questions – this becomes the first part of your “legacy library.” There are numerous topics about which we can have a Priceless Conversation.
  • Finally, we are constantly seeking out new ways to help you convey more of your Whole Family Wealth™ based on our own efforts and your feedback

Have questions?  Curious to know more?  Wonder how your specific family situation can benefit from Whole Family Wealth™ Planning?  Give us a call or send us an email.  And if you reference this blog post your Peace of Mind Planning Session will be FREE ($750 value).

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses throughout Grand Rapids and West Michigan.  He specializes in Whole Family Wealth™ planning for professionals with minor children, doctors/physicians, nurses, lawyers, and the “sandwich generation” (caring for parents and children) – and does so from a Christian perspective.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

Asset Protection Planning for Physicians

Growing up with a mom who has worked in the medical field for over 35 years, I know of the sacrifice and struggle that Michigan physicians face on a constant basis.  They are constantly targets of malpractice lawsuits as well as other legal actions such as employee lawsuits for sexual harassment, unfair termination and discrimination; and business and practice-related litigation.  And it seems that Physicians are targeted for every ill-conceived investment idea.  Yet they sacrifice their time and expertise to help care for others.  It is truly a noble profession.

Do they deserve to be in these cross hairs?  I sure don’t think so.  That’s why I’ve been working on better serving physicians and their families.  Contrary to what many believe, asset protection planning is not all about offshore trusts and Swiss bank accounts.  It is about adopting advanced planning strategies that legally place assets beyond the reach of creditors, discouraging lawsuits by lowering a physician’s financial profile so that they become a far less attractive target, and enhancing leverage in negotiations if a lawsuit is filed.

Know that although asset protection planning is confidential, it is NOT based on secrecy or fraudulent transfers, does NOT involved hiding assets and is NOT a tax dodge.  Professional and personal convictions don’t allow such unethical (and potentially illegal) methods.

It is important for Michigan physicians to work with an estate planning attorney who is both well versed in these advanced planning strategies AND can understand the threats Michigan Physicians face and the constantly changing environment in which they work.  Are you a Phyisican or do you know a Physician?  Please share your thoughts.

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses throughout Grand Rapids and West Michigan.  He specializes in Whole Family Wealth™ planning for professionals with minor children, doctors/physicians, nurses, lawyers, and the “sandwich generation” (caring for parents and children) – and does so from a Christian perspective.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

Michigan Pet Trusts

For many of us our pets are truly members of our family.  Whether a “traditional” pet like a dog, a cat or a horse, or a “nontraditional” pet like a snake, duck or llama, we care for them much like we do our human family.  And many of us are concerned what would happen to our pets if something happened to us (death or incapacity).  Would someone care for them or would they end up in a shelter?  Who would care for them?  How would they care for them?  And would they treat them the same way we did?

Well, guess what?  You CAN plan for your pet’s care if something happens to you and the way to do it is through your estate plan.  Michigan is one of the growing number of states that recognizes the care we have for our pets and provides a way for you to plan for their care if you aren’t able to care for them yourself due to incapacity or death.

You can plan for your pet’s care by setting up a Pet Trust with Lichterman LawAlthough unique to each family and pet, there are a few general requirements for Pet Trusts:

  • It must be for a domestic or pet animal
  • A Pet Trust terminates when no living animal is covered by the Pet Trust
  • None of the Pet Trust’s principal and income can be used for anything other than for the benefit of the covered animal(s), unless otherwise stated in the Pet Trust

We can create a plan that ensures your pet is cared for how you want and by who you want.  Why wouldn’t you set up a Pet Trust so all your family members are cared for?

Contact us if your pet is a member of your family and you want to make sure they are cared for properly if something happens to you.

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses throughout Grand Rapids and West Michigan.  He specializes in “whole family wealth” planning for professionals with minor children, doctors, nurses, lawyers, and the “sandwich generation” (caring for parents and children) – and does so from a Christian perspective.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

Why Estate Planning Is Especially Important for Women

I love perfect timing!  I read through a recent blog post by Danielle G. Van Ess, a colleague of mine and fellow Wealth Counsel member, that fit right in with my ongoing blog series introducing estate planning.  I started the series by looking at how critically important estate planning is for various family types and situations such as parents with minor children and professionals.

Well, Ms. Van Ess recently wrote a blog post on how vital estate planning is for women (read it here) based on a Forbes.com article.  I strongly encourage you to read her post and the Forbes article – the information is too vital to pass up.  Although Massachusetts and Michigan laws may differ, many of the concepts mentioned in the articles are the same.

I won’t rehash the post or article here, however I do have a couple of thoughts to share:

  • The importance of adequate life insurance on BOTH parents cannot be overstated.  The vast majority of families  I meet with are under insured by any measure.  And I typically find that mom is more likely than dad to be under insured.  Ms. Van Ess points out the importance of life insurance for stay at home moms.  Just think dad – if something happens to mom, you are doing to have to stay home with the kids, hire in-home help or pay for daycare.  How would that financial change affect YOUR family?  Talk to your life insurance agent or financial adviser to make sure you are adequately insured.  If you would like suggestions on who to contact, just let me know.
  • Don’t underestimate your importance in putting a plan in place for your family.  I can count on one hand the number of times we’re contacted about estate planning by dad.  It is almost always mom.  You play a vital role as the key decision maker for planning.  Make sure the decision of how you plan and who you work with is the best for your family.

Do you have stories to share about the importance of the estate planning for you and your family?  For your mom, sister, aunt or friend?  Please share.  I always enjoy hearing about others’ experiences.

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses throughout Grand Rapids and West Michigan.  He specializes in “whole family wealth” planning for professionals with minor children, doctors, nurses, lawyers, and the “sandwich generation” (caring for parents and children) – and does so from a Christian perspective.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

Parents Waiving Liability For Their Child: Is YOUR Business Protected?

Are you a business owners that provides or manages some form of activity to minor children?  If so, do you typically have the parents sign a pre-injury liability waiver?  Guess what?  The Michigan Supreme Court recently reaffirmed that a parental pre-injury liability waiver is unenforceable under Michigan law.  Why?  Because a parent lacks authority, absent special circumstances, to bind his or her child by contract.  Only time will tell what impact this has on the provision of recreational and sporting activities for kids and how much litigation crops up because of it.

If you’re interested in reading the actual court opinion, you can read it here.

What do you think?  Is the law in Michigan right?  If not, should the court have come to a different decision?  How should we strike a balance between a business’ ability to “contract away” liability and the protection of young children no matter what the circumstances?

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses in Grand Rapids, Grandville, Cascade, Forest Hills, Ada, Byron Center, Caledonia, and the surrounding areas.  He specializes in “whole family wealth” planning for doctors, nurses, lawyers, other professionals with minor children, and the “sandwich generation” (caring for parents and children) – and does so from a Christian perspective.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

National Article on the Dangers of DIY Estate Planning

I recently read this article from U.S. News & World Report on the Dangers of DIY Estate Planning.  I think the article is well written and does a good job of representing both approaches – DIY or work with a lawyer.  I, of course, believe the better option is to work with a lawyer.  And specifically with one who focuses on estate planning.  There are many nuances and, like the article says, each individual and family is unique – think of them each as snowflakes . . . none are the same.

I have consistently recommended against DIY estate planning solutions except under a few, specific circumstances.  My reason for sharing the article is to give you an unbiased opinion on the topic from someone other than me.  I encourage you to read it.  The are only a couple of items I think need clarification:

  • I think the following statement is misleading: “all the legal assistance money can buy didn’t help Michael Jackson get his affairs in order before his unexpected death.”  If you’ve read about his estate and the effort (or lack thereof) that was put into it, you quickly realize that, although he could afford “all the legal assistance money can buy,” he did not use it.  He had a surprisingly small amount of estate planning, especially given the size of his estate.
  • Even Legal Zoom acknowledges (via their own study) that only 25%-35% of parents have named guardians for their children and yet they treat it like any other estate planning decision.  This is by far THE most important estate planning decision for parents with minor children and it deserves proper counseling (yes, attorney and counselor at law is my title) to help them reach the decision on who should care for their children if something happens to them.  The decision is too important to leave it undecided or poorly executed.
  • It CAN be worse than doing nothing.  I know of one case where a parent inadvertently disinherited their child – ouch!

So, what do you think of the article?  What are your thoughts on DIY estate planning versus working with a lawyer?  What is it that you don’t like about working with a lawyer?  Please share.  I am constantly looking to improve how I and other estate planners can better serve families.

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses in Grand Rapids, Grandville, Cascade, Forest Hills, Ada, Byron Center, Caledonia, and the surrounding areas.  He specializes in “whole family wealth” planning for doctors, nurses, lawyers, other professionals with minor children, and the “sandwich generation” (caring for parents and children) – and does so from a Christian perspective.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

A Family Mission Statement Can Help Any Family

This is a guest post from Ron VanSurksum, CFP originally posted on his blog here and reproduced here with his express permission.

A Family Mission Statement Can Help Any Family Manage Assets, Philanthropy and Direction

A family doesn’t need a surname like Vanderbilt to benefit from a family mission statement.  A mission statement is a collaborative document created by one or more generations of family so standards and goals can be set for the handling of all family assets, including businesses and philanthropy in particular.

While mission statements aren’t legal documents – in fact, many are done both in written form and on videotape as a companion to legal wills and directives –  their purpose is to make a record of the family’s values, goals and aspirations and how those sentiments should drive future decisions about family wealth management, business succession plans and charitable pursuits.  Multi-national companies have mission statements. Non-profit corporations have mission statements.  A mission statement for your family, helps identify and clarify specific values and goals, facilitates group decisions, instills confidence and encourages unity.

It should also identify family leadership who will work with other relatives in implementing those goals.

While the end product should produce a document built from discussion, argument and consensus, it’s not so much about the piece of paper as the process. Many families start the process as a way to build consensus about long-term financial, business, estate and philanthropic goals, but the conversation can take twists and turns that don’t directly involve the family money. In this process, a family can identify the strengths, weaknesses and unearthed priorities of all family members and might reveal leadership few had expected.

Trained financial advisors including financial planners, tax experts and estate attorneys, can help explain the process and set an agenda for families to follow in creating the mission statement. While some extended families may elect to bring in a facilitator to guide their process, there are generally four components to a family mission statement – estate issues, philanthropy, business planning and family dynamics in general.

It also helps to start with some questions that can guide the discussion.  Many experts start with questions that first get family members talking about their relationships and how their dynamics work, and then move into business and money matters.

  • What’s most important about our family?
  • What do you think our goals should be?
  • When do you feel most connected to the rest of us?
  • How should we relate to one another?
  • What are our strengths as a family?
  • Where do you think we’ll be as individuals in 5, 10 and 15 years?
  • In order, what are the five things you value most in life?
  • How should we behave toward each other?
  • How should we take care of relatives who are or become sick or disabled?
  • How should we resolve our disputes?
  • How important is the family business to you?
  • What should we be doing differently with our family money as well as our assets inside the business?
  • What professionals or structures should we bring in to help us manage our wealth?
  • What’s the best way for us to be building our wealth?
  • What do you think the role of our family should be in helping the community?
  • What should we be doing individually and as a family with regard to philanthropy?

Structurally, the written mission statement can be whatever you agree it should be – most experts say it should be no more than a paragraph long, but that’s a guideline, not a rule. It is also very important to focus on the positive, meaning what you want to accomplish and achieve as a family, as opposed to want you want to avoid. And it needn’t be set in stone – a family should have a meeting every year or two to revise or approve its mission.  The family mission statement helps a family establish its identity and the variety of voices within, and those voices may be subject to change over time. The family mission statement is a living, breathing document that can evolve over time. In today’s fast paced world, it is easy to get caught up in the here and now, a family mission statement can help you stay true to your family’s values. As a result, families may not feel the pressure to keep up with the Joneses because their mission  statement helps achieve balance. It is also very important to focus on the positive, meaning what we want to accomplish and achieve as a family, as opposed to want we want to avoid.

The right mission statement can help reset goals and diffuse tensions later. It can also be used to moderate discussions that inevitably happen after major changes within the family – death, divorce or happily, an increase in the number of heirs and participants.

As for the age of the participants, it can start in very basic form with younger children and the process can mature as they age. It’s actually a good idea to bring young members into a customized version of the process for youngsters so they can comfortably adjust to working as adults with the older members of the family.

For additional resources on how to create a family mission statement, please consider utilizing any of these websites

http://www.nightingale.com/mission_select.aspx?from=homepage&element=missiontitle

http://www.ehow.com/how_2043790_write-family-mission-statement.html

http://www.franklincovey.com/msb/

June 2010 — This column is produced by the Financial Planning Association, the membership organization for the financial planning community, and is provided by Ronald J. VanSurksum, a local member of FPA.

Fond Farewell and Moving the Cheese

If you follow me on Facebook or Twitter or receive my weekly e-newsletter (opt-in here) you’ve likely noticed that I’ve been hinting at some big changes at the firm.  So what’s the big news?  I have a new Client Services Director!

I have been blessed to have Paula as my Client Service Director since last September.  If you’ve called or email the office you most likely talked with Paula.  She is the kind voice that conveys our unique approach to estate planning (we call it “whole family wealth planning”) and lets each person know they are truly appreciated.  Everyone enjoys talking with her.  How do I know this?  Because that’s what everyone tells me.

So why a new Client Services Director if I have such a great one already?  Paula lives in Kalamazoo and worked “virtually” from her home.  She had an opportunity come up that was better for her family and her own business.  Although I’m sad to see her go, it is the right move to help fulfill her hopes and aspirations.  I wish her the very best and have no doubt she will be incredibly successful.  I am glad that I can call her a friend (and will stay in touch).

And I’m very pleased to welcome our new Client Services Director, Kristi Lallo!  Although I was reticent about the change at the beginning, it turns out my initial “fear” of the change was nothing more than a fear of “having my cheese moved.” Kristi is already becoming an invaluable member of the team.  She brings a wealth of experience, knowledge and customer service excellence.  I’m excited about the firm’s future with her directing Client Services.

If you had the pleasure of working with Paula, please let her know how much she is appreciated.  And please give a call or send an email to give Kristi a warm welcome.  We always enjoy hearing from our clients, friends and business associates!

Why You Should Care About Estate Planning: Professionals

Moving along in my Intro to Estate Planning series, we will continue to look at why planning is important for  family of different types and at different life stages.  I started by uncovering the many benefits estate planning holds for parents with children under 18.  If you are a parent with children under 18 years old and still have questions, contact me to have your questions answered.

The next group we’ll look at is more of a “type” of family rather than a stage of life: professionals.  My definition of a “professional” is broad, including doctors, lawyers, certified public accountants (CPAs), accountants, bankers, financial advisers, nurses, teachers, middle- to high-level company managers, CEOs, company Presidents, and other similar positions.  I view this group so broadly because they all share similar concerns, at varying degrees.

Some important reasons proper estate planning is critical for professionals (and their families) include:

  • Guardianship remains one of the most important reasons to estate plan if you have children under 18 years old.  Without designating who you want to raise your children in your absence, a court will decide who will care for them. If you haven’t named guardians for your children, you should run, not walk to an attorney specializing in estate planning (and focusing on guardianship decision).  If you have named guardians, you most likely made at least 1 of 6 common mistakesContact me to learn more!
  • Asset Protection. As a professional with a special skill, you face a greater threat of liability.  You have worked hard to accomplish great things and are building a secure financial future for your family.  Don’t leave it exposed to future divorce, lawsuits and creditors.  And this pertains as much to you as it does to your children and grandchildren (and on down the line).  You can pass your financial wealth on to them protected from divorce, lawsuit and creditors as well.
  • Planning for your incapacity to avoid bitter conflict about your finances and your health care. You need to give people you trust the legal authority, guidance and direction on how to handle your finances and your health care.  Enhanced Powers of Attorney, EnhancedPatient Advocate Designations, and Living Trusts are key components to making sure your wishes are recognized and followed.
  • Avoiding probate.  Without a proper plan in place, your hard earned wealth will go through a time consuming and often costly court process. Wouldn’t you rather your family be able to benefit right away and receive more of what you worked so hard to accomplish?
  • Passing on your “whole family wealth,” not just your money.  This includes your values, insights, stories and experiences – who you are and what is important to you.  In my experience this is THE most overlooked part of estate planning.  The professionals I’ve worked with have accomplished a lot and continue to reach new levels of accomplishment.  Yet in most circumstances they have not taken the time to explain their struggles, how they overcame, and what they learned – these are far more important than money to their kids, grandkids, and future generations.

These are just a few of the reasons professionals need an estate plan.  Can you think of more?  Please share your thoughts and experiences.

With my next post in the series, I will look at the “sandwich generation” – people who have concerns about their parents and their children.

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses in Grand Rapids, Grandville, Cascade, Forest Hills, Ada, Byron Center, Caledonia, and the surrounding areas.  He specializes in “whole family wealth” planning for professionals with minor children, doctors, nurses, lawyers, and the “sandwich generation” (caring for parents and children) – and does so from a Christian perspective.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

Make sure you pass on your “whole family wealth,” not just your money.  This includes your values, insights, stories and experiences – who you are and what is important to you.  In my experience this is THE most overlooked part of estate planning.  It happens to be one of the most fulfilling privileges I have when working with families.

Online Wills and Trusts Company Gets Slapped With Class Action Lawsuit

Pardon the interruption of our regularly scheduled “introduction to estate planning” programming for this breaking news.  I figured it was bound to happen sooner or later and now we know . . . sooner.  According to this article, Legal Zoom recently became the subject of a class action lawsuit.  The suit accuses Legal Zoom of “unfair and deceptive” business practices.  The suit alleges the deception is in Legal Zoom’s claim that “‘. . . virtually anyone'” can create a valid legal document through the site and that the ‘customized’ documents made by nonlawyers would be reviewed for ‘accuracy and reliability,’ [giving] customers a false sense of security.”  What happened in the specific situation that brought about the lawsuit?  They bought a revocable living trust, a will and a durable power of attorney that later had to be fixed by an attorney.  My colleague Candice Aiston wrote about it here.  And to be fair, you can read Legal Zoom’s response to Candice’s post here.  It’s always best to hear both sides of the story so you can form your own opinion.

I’m not making any comment about the validity of the lawsuit, or lack thereof.  However, if you’ve been reading my posts for any period of time you know that I believe online- and software-based will-making software leaves many people with a false sense of security.  The sad part is that most people don’t find out that the security is false until they die, and then it is too late! Their family is left cleaning up the mess.  Think about a child’s toy.  They come with specific pieces that are designed to fit together a certain way and their are directions telling you how to construct it.  Yet somehow, I still find a way to put it together wrong (causing untold frustration) or never getting it put together at all!  What about you?  Think about how unique each individual is . . . and each family.

An estate plan is not a cookie cutter situation and you should run (not walk) away from anyone (lawyers included) who tell you it is.  Each person, each family, is like a snowflake – unique in who they are and in the legacy they want to create and pass along to their family after they’re gone.  And that is just one of the reasons working with an attorney who specializes in estate planning is key to making sure you pass along your “whole family wealth,” and not just a set of documents that distributes your “stuff.”  Call me if you’re interested in learning more about sharing who you are and what’s important to you – making sure your values, insights, stories and experiences will benefit your family for generations to come.  It’s about far more than money.

Michael Lichterman is an attorney specializing in estate planning and helping provide peace of mind to families and businesses in Grand Rapids, Grandville, Cascade, Forest Hills, Ada, Byron Center, Caledonia, and the surrounding areas.  He specializes in the needs of professionals with minor children, doctors, lawyers,  CPAs, and those in the “sandwich generation” (caring for parents and children), and does so from a Christian perspective.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.