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WHAT WOULD HAPPEN TO MY KIDS IF SOMETHING WERE TO HAPPEN TO ME?

1/22/2015

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As a mother of a 2-year-old, I can’t imagine what would happen to my son if something were to happen to me and my spouse. I would want to ensure that my child would always be taken care of by the people I want, in the way I want, no matter what happens.

If the unthinkable happens to the parents and without proper planning, here’s what could happen:

  1. Your children could be placed in the temporary care of Child Protective Services (CPS) and into the arms of strangers until the authorities could figure out what to do. Even if it’s temporary, you don’t want your children to be with strangers, not even for a minute. 
  2. Your children could be put into the custody and care of someone who was the last person you wanted your children to be with. 
  3. Your family could get into a long, drawn out custody battle.
  4.  A judge who doesn’t know you or your family or your values will decide who will raise your kids. And that person might have very different ideas about parenting than you do. 
  5. Part of your total value of your assets could be lost through probate or tied up in probate court for years and deprive your kids of the resources they need to live comfortably
  6. When your kids turn 18 years old, they get an inheritance check for whatever assets are left. 
  7. Unscrupulous people make it their business to look into the public records to see what 18 year olds are getting an inheritance.

No one wants to think of the inevitable, but it’s best to be prepared and have a well thought-out plan to protect your children’s well-being and care if in case something were to happen.

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What's Your New Year’s Resolution?  Consider Estate Planning To Be One Of Them

1/14/2015

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Now that the empty champagne bottles and party hats have been put away (hopefully), we can finally breathe and work towards our goals for the new year.  If you don’t have an estate plan in place yet, working on getting one should be a top priority for 2015. A common misconception is that estate planning is for the wealthy, but anyone with a house or have children needs to make a plan for what happens if they become incapacitated or pass away.  And it actually involves a wide array of estate planning options.  This involves using trusts to distribute your property without the probate court and health care directives to express your wishes regarding medical treatment

If you do have an estate plan in place already, GREAT! It’s the perfect time to review and see if there any are life changes that may require a few modifications to your estate plan. Some things to consider:


1)     Are you able to easily locate your estate planning documents? And does your trustee, representative or agent know about them and where they are located?

2)     Did you get married or divorce?

3)     Did you have a child or a grandchild that needs to be mentioned in your plan?

4)     Are there any significant changes in your children’s guardian nominations? Has anything happened either in your children’s lives or your guardian’s lives that may make you rethink things? Has the named guardian moved, get a divorce, remarry?

5)     Did you buy a house? One of the most common mistakes is failure to update a plan after a home has been purchased or sold. Forgetting to transfer the new house into the trust may force your estate into probate, which is why a trust may have been created to avoid.

6)     Did you move to another state?

7)     Did you sell your business, retire, have significant change in assets or win the lottery? Any significant assets that you acquire should be transferred into your trust to avoid probate.

8)     Have you lost a family member or friend who was named as a trustee, personal representative or agent in your estate plan? Or has anything happened in the past year that would impact your decision to have them administer your plan?

Estate planning is not a one shot done deal – it’s a continuing process because our life journey is full of constant changes. While every milestone in your life does not mean that you need to update your estate plan, it’s important to think through the past year’s events to make sure that your estate plan will still take care of your family and loved ones just as you desired.
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HAPPY NEW YEAR!!

1/1/2015

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Happy New Year from the Law Offices of Christine Chung!

We wish you the very best in the new year!  
No matter what you have planned for 2015, we hope you make it count!  



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    About the Author

    Christine Chung, Esq.
    christine@christinechunglaw.com
    949.529.1480

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  • Home
  • About Us
    • Our Philosophy
    • Our Planning Process
    • Our Fees
  • Attorney
  • Virtual Services
  • Practice Areas
    • Estate Planning
    • Probate Administration
    • Trust Administration
  • Blog
  • FAQ
    • Estate Planning
    • Probate
    • Trust Administration
  • Contact Us