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Don’t Mess Up like Saul Goodman: 5 Mistakes to Avoid With your Estate Plan

Estates & Estate Planning, Wills, Trusts & Estates
Better Call Saul's Bob Odenkirk

Yesterday was the season four premiere of AMC’s Better Call Saul, the highly acclaimed “dramedy” which features slippery lawyer Jimmy McGill.

If you have yet to watch this great series, don’t worry no spoilers are needed; the lessons we can learn from the series still make sense even if you know a few basics.

Better Call Saul is a prequel series to Breaking Bad, and if you’ve seen that, you know the character Jimmy (played masterfully by Bob Odenkirk) eventually transforms himself into the very ethically challenged Saul Goodman. In either show, Jimmy/Saul is not someone you want to emulate.

The characters both finds and creates conflict in his life from his warring moral compass against his ambition. What do Jimmy’s complicated character flaws have to do with your estate planning? In the show Jimmy focuses in on elder law, including counseling senior citizens on how to make and reach their estate planning goals. While that’s great, he also makes ample, costly mistakes along the way with his important cases and clients. If there is anywhere in life to avoid preventable, silly mistakes it’s in estate planning. Here are five of the worst mistakes you should avoid like a Jimmy McGill scam with your estate plan.

Thinking you only need a will

As I’ve stated before, but bears repeating, you need more than a will. You need an estate plan. An estate plan consists of several legal documents to prepare for your death or incapacitation and a will is just one of these several documents, although an important one. I’ve written at length about the six “must have” estate planning documents. Don’t get just a will, it’s not enough. Get an estate plan.

August is National Make-A-Will Month

Settling for a DIY estate plan

Why would you not hire an Iowa lawyer—particularly one well versed in wills, trusts and estates—and go it alone? Yet, folks write their own “estate plans” all the time. There are at least nine excellent reasons, among many others, to hire an attorney to draft your estate plan.

The question is not, whether you can you write your own “estate plan.” Given the Internet and YouTube, with some training and practice you could no doubt perform oral surgery on yourself. The question is whether that decision is a wise one and will it turn out well? The plain truth is you need a lawyer to help you with your estate plan.

Failing to keep your estate plan updated

The only constant in life is change, and as your life changes your estate plan must adapt. Common events that should cause you to re visit your estate plan include:

  • The birth or adoption of a child or grandchild
  • Marriage or divorce
  • Illness or disability of your spouse
  • Purchasing a home or other large asset
  • Moving to another state
  • Large increases or decreases in the value of assets, such as investments
  • If you or your spouse receives a large inheritance or gift
  • If any family member, or other heir dies, becomes ill, or becomes disabled

There are many other life events that ought to cause you to update your estate plan. Be sure to keep your estate plan current.

5 Scenarios for Estate Planning Revisions

Not getting an estate plan at all

Surveys show that about 50% of Americans don’t have even a basic will. Oy. When you consider the bad, even terrible consequences of not having an estate plan, if you don’t have one, get on it stat. A great start would be to download my Estate Plan Questionnaire. My EPQ is free and easy, and truly a terrific first step.

Think Estate Planning is Just for the Wealthy? Think Again!

Failure to think about including your favorite charity in your will.

Your estate plan is a great way to fund the causes you care about most. Whether it be a church, hospital, school, social welfare agency, whatever nonprofit you feel strongly toward, why not make a gift to them in your estate plan? You may well make a real difference, perhaps even one large enough to transform your fave charity and affect generations to come.

If you have kids, of course you want to make sure they are well provided for. I certainly understand that. But perhaps your kids are now grown adults, successful in their own careers. Perhaps you are affluent, in which case, maybe you need to ask yourself, “How much is enough for the kids?“ Consider generously giving to that charity (or charities) at your final farewell through charitable bequests as a part of a lasting legacy and impact.

Tweets by BetterCallSaul

Unlike the Jimmy McGill or Saul Goodman style of attorney, I am honest, ethical, and working with a mission in mind . Be the judge for yourself—I offer a free one-hour consultation and transparent estate planning package rates. Questions or simply want to talk about how great this show is? I can always be reached via email at gordon@gordonfischerlawfirm.com, or by phone at 515-371-6077.

August 7, 2018/by Gordon Fischer
https://www.gordonfischerlawfirm.com/wp-content/uploads/2018/08/better-call-saul-season-4-bob-odenkirk.jpg 464 825 Gordon Fischer https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png Gordon Fischer2018-08-07 19:49:442020-05-18 11:28:51Don't Mess Up like Saul Goodman: 5 Mistakes to Avoid With your Estate Plan

Nonprofit Events and Opportunities in August & September

Events, Nonprofits
calendar on desk

Beyond my own information and resources I love offering Iowa nonprofits for free (like this board responsibilities handout or this nonprofit formation guide), I like to call attention to all the awesome events, awards, and grants available. There are so many great opportunities for Iowan nonprofit pros, board members, volunteers, and donors, that range from conferences to workshops, and grant applications to award nominations. But, life is busy, and it can be hard to keep track of what you should register for or put on your calendar. That’s why I compiled a list for your convenience:

Learning Events & Trainings

  • Volunteer Iowa is accepting applications for the Service Enterprise Training Fall Cohort. Due date is August 27. 
  • On September 13, learn about different types of non-cash assets and their various tax advantages, as well as potential concerns the gifts might bring to your nonprofit at “Taking the Confusion out of Complex Gifts: Tools and Tips to Know.” Hosted by the Community Foundation of Greater Des Moines, registration is free.
  • Drake University Center for Professional Studies is hosting a three-day Nonprofit Fundraising Workshop, September 14, 21, and 28. The cost to attend is $475 for the three full days and includes all learning materials. 
  • The 4th Annual Southeast Iowa Nonprofit Summit will be held September 20. Registration is free and limited to the first 250 people.
  • Iowa State University Extension and Outreach offers a Nonprofit Management Academy at the Johnson County Extension Office. All offerings are held 9 a.m.- 4 p.m. on  Tuesdays, and each course is $70 (with CEU credit an additional $25). Individuals make take just a single course or may complete a combo of them to obtain a Certificate in Nonprofit Management! See here for the current course descriptions, instructors and dates through November 2018.

Awards

  • The AARP is accepting nominations for the 2018 Andrus Award for Community Service. AARP’s most-prestigious volunteer tribute recognizes outstanding individuals who are sharing their experience, talents and skills to enrich the lives of others.
    Nominations are due August 10.

Grants

  • Storey Kenworthy Foundation for Giving is accepting grant applications for five $5000 awards. The scope of giving priorities includes: “Honoring our Heroes, Medical Research and Support, Children & Education.” Application period available through August 31.
  • Nonprofits that on families, education or the environment are invited to apply for a grant from the Alliant Energy Foundation. Applications are accepted through September 1.
  •  Tourism-related entities (including nonprofits) based in Iowa can apply for the Iowa Tourism Grant Program. Awards range from $500 to $5,000 and require a 25% cash match. There is $150,000 available for the fiscal year 2019 grant cycle. Applications are due September 12.
  • The Mortimer & Mimi Levitt Foundation launching a grant opportunity for small to mid-sized towns and cities. Up to 15 grantees will be awarded $25,000 each in matching funds to produce their own free outdoor concert series. The prospective series should feature a diverse line-up of quality entertainment for people of different ages and backgrounds. Finalists are chosen through online public voting. Grant applications are due by September 25.

hands on phone with calendar app

There are so many great events and opportunities for nonprofits that there is no doubt I missed some in the list above. Please feel free to add applicable events for August and September in the comments below! If you would like to notify GFLF of any upcoming nonprofit-focused events and opportunities in the coming months, don’t hesitate to email GFLF’s Chief Content Officer at mackensie@gordonfischerlawfirm.com.

August 6, 2018/by Gordon Fischer
https://www.gordonfischerlawfirm.com/wp-content/uploads/2018/08/Screen-Shot-2018-08-06-at-1.44.45-PM.png 495 980 Gordon Fischer https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png Gordon Fischer2018-08-06 13:50:302020-05-18 11:28:51Nonprofit Events and Opportunities in August & September

August is National Make-A-Will Month

Events, From Gordon's Desk..., Wills, Wills, Trusts & Estates

August includes it’s fair share of obscure “holidays” including National Catfish Month, Friendship Week, and Bad Poetry Day. This month is also your chance to celebrate National Make-A-Will Month! (Yes, seriously. This is a thing.) I recommend celebrating this quite literal month by creating an estate plan. A will is one of six key documents in a quality, individualized estate plan. (If you were to elect to make a living revocable trust a part of your plan, then you would still need a will—often referred to as a pour-over will—it would just read a little different!)

national make-a-will month

Depending on your personal/family situation and assets, a will can be a bit more complicated and longer in page length than the other estate plan documents. It’s important you work with a lawyer experienced in estate planning to be sure your will covers the three major questions of:

  1. Who do you want to be the executor of your will? The executor is in charge of carrying out your directions and wishes as expressed in the will. They will also pay any outstanding debts and distribute assets as you express in the document.
  2. Who do you want to be the legal guardians for your minor children until they’re adults (age 18), if something were happen to you?
  3. What do you want done with both your tangible and intangible property? (An example of tangible property is your books or your boat. Intangible property includes assets like stocks.)

Yet another reason to work with a professional estate planner to craft a will is to avoid costly mistakes and to legitimately donate to your favorite charities.

YOU Are a Super Hero: Charitable Giving Through Estate Planning

Why Does a Will Matter?

I cannot reinforce enough that everyone NEEDS a will. Leaving your family and friends without a clearly written will in place can result in worst case scenarios such as litigation or confusion in who is to be the proper guardian of your minor child(ren). Real world examples of this are unfortunately all too common and no one is immune. For instance, Prince died without a will leaving family infighting and conflict.

Think Estate Planning is Just for the Wealthy? Think Again!

Without a will the Iowa probate court is forced to name an executor and there is the possibility that the appointed executor is not who you would have chosen. It’s simply better not to gamble with who has control over dispersing your hard earned assets.

Regular Revisions

If you already have a will (and other necessary estate planning documents) congrats! You’re better prepared for the inevitable than about half of Americans. Yet, just because you created an estate plan at one point doesn’t mean it automatically adapts to how your life changes.

While estate plans never expire, for your will to be most effective it needs to be reviewed at least annually and updated as needed. Common scenarios for estate plan revisions can be a death in the family, change in marriage status, birth of a child, major changes in financial situation, and moving out of state.

5 Scenarios for Estate Planning Revisions

Your estate plan should also be updated if your goals change over time. For example, you may want to alter the amounts of inheritance or increase/decrease charitable bequests.

Where There’s a Will There’s a Way

I would love to help you solidify your family’s future, help you achieve peace of mind, and celebrate Make-A-Will Month in the best way you can! The best place to start is by filling out my Estate Plan Questionnaire. It’s easy, free, and there’s no obligation. It’s simply a document that gets you thinking and planning. You can also contact me at any time via email (Gordon@gordonfischerlawfirm.com) or phone 515-371-6077.

August 5, 2018/by Gordon Fischer
https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/08/green-chameleon-21532.jpg 3456 5184 Gordon Fischer https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.png Gordon Fischer2018-08-05 04:18:042020-05-18 11:28:52August is National Make-A-Will Month
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Gordon Fischer Law Firm, P.C.

Gordon is based in Cedar Rapids and serves clients all across Iowa

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(515) 371-6077 gordon@gordonfischerlawfirm.com
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