Law Offices of Heather Harshman

Today I'm posting Part 2 in my 10 part series entitled "10 Common Misconceptions People Have About Estate Planning." The first part posted on 6/22/17 dealt with the misconception that people do not need an Advance Health Care Directive because their family will be able to make medical decisions for them should they be unable to do so. The second part deals with the misconception people have that their minor children will end up with their parents/siblings/other close relativ...e/good friends even if they do not have a Nomination of Guardian, which designates who the guardian should be. This document is a standard part of the Estate Plans I create for families with minor children. The reality is that a Court ultimately has to approve guardians even if they are named in a Nomination. If no Nomination exists, the Court will have to choose a guardian blindly, with only the facts before it to determine what will hopefully be in the interest of the children. This could involve (1) breaking the children up between homes, (2) sending the children out-of-state or to a different part of the state, (3) naming a guardian who is not the best fit for the children, (4) naming a guardian who the parents would not want to raise their children, and/or (5) a long court battle between family/friends as to who should be guardian. In the meantime, the children could become Wards of the State while guardianship is established. All of this can be avoided with a simple 2 page document named a Nomination of Guardian.

This morning I had the privilege of finalizing an estate plan for this military couple, James and Kristina. James is being deployed tomorrow for 7 months. Thank you to James and all military personnel and their families for serving our country. They authorized the posting of this photo.

Today I'm beginning a 10 part series entitled "10 Common Misconceptions People Have About Estate Planning." The first misconception people have is that they do not need an Advance Health Care Directive because their family will be able to make medical decisions for them should they be unable to do so. The problem with this thought is that all or many of a person's family members may want to have a say in his or her health care, but may be unable to agree on what should be don...e. This can cause many unfortunate things to occur, including: 1) a court will have to become involved to make decisions about the person's health care, 2) the person's wishes may not be followed, and 3) the person's family may not be able to repair the damage done to it by their inability to agree. Here is one example of many as to how this type of discord played out for an unfortunate woman named Terri Schiavo:

He does exist! This is Bud, my oldest client to date at 97 years young. It was an honor working with this WWII veteran who has a big heart and kind soul. He gave me permission to share his picture with you.

If you have a trust, did you refinance after getting the trust? If so, it's possible that the bank took your property out of the trust to refi and did not put it back in the trust. I came across this problem last week. This could cost your estate $2,000 - $3,000 in attorney fees after you pass if it's not resolved by recording a new deed to put the home back in the trust. Feel free to contact me if you may be in this position.

Today I had the pleasure of meeting with a new estate planning client who is 97 years old. He is a WWII Veteran, plays the piano three nights a week at a restaurant, lives by himself, drives somewhere almost everyday, is full of life and great stories, and looks 75. What a great part of my job. What is a great part of your job?

I suggest not committing any crimes, but especially a crime that would subject you to the death penalty in Arizona, because you may not be able to find an attorney to defend you if this plan moves forward.

The checks and balances system in our federal government is being put to the test since Trump became President. Here is some info on how the system works just in case you need a refresher of your high school U.S. history class. On a side note, I hope to see you at my free estate planning educational talk this Wednesday, 2/8, 5:45 - 7 at Brush Real Estate located at 520 W. Valley Parkway in Escondido. Appetizers and drinks will be provided. No RSVP is required.

Join me for a free estate planning educational talk entitled Secure Your Legacy - Are You Prepared? It will be at Brush Real Estate located at 520 W. Valley Parkway in Escondido on February 8th, 5:45 - 7 p.m. I can answer your questions about getting an estate plan or updating an existing plan, and you can make an appointment with me for a free consultation. Drinks and appetizers will be provided. No RSVP is required.

Here is a summary of upcoming cases to be argued before the U.S. Supreme Court. Nothing too monumental, but impactful, nonetheless.

Your Twitter life can live on even after you've passed. Another social media issue to keep in mind when posting.

I don't think Subway has found a new pitchman yet. They're probably still healing from the wounds created by this one.

An abduction kit and adult diaper make this article an interesting read, and make me very happy to be a sole practitioner.