When Improving Quality of Life Means Ending an Unhappy Marriage

The pandemic has been hard on relationships—the stress of working from home, worrying about health and job security while homeschooling kids has pushed many relationships to the brink. Many of us start the year with a promise to improve the quality of our lives. For some couples, ending an unhealthy marriage is the best way to do this.

What to think about if you and your spouse are planning to Divorce in 2021

“Ben” and “Amy” are a good example of a couple who are getting divorced in the new year. For their Amicable Divorce—no children, neither party is contesting the Divorce–they don’t need an attorney. Because they will be able to work out an equitable division of property themselves, Guideway can save them a lot of money. Best of all, we guide them through it. We prepare the legal documents and file them with the court. In California, a Divorce can be finalized in a minimum of six months.

Ben and Amy have been married for eight years

Ben and Amy got married soon after Amy graduated from college–Amy admits that it was probably too soon. She began working for a nonprofit, and Ben was a fireman with the Oakland Fire Department. Ben is 15 years older than Amy and doesn’t want children, and this has created a growing rift. Amy agreed to this condition when they got married, but it turns out that she wants children after all—she wants to be a family. The couple’s assets include their Oakland home, two cars, Amy’s 401k and Ben’s retirement account.

Our initial session was a Zoom call to review the Divorce process

Ben would serve a petition to Amy, which was the beginning of the Divorce process. From this point, they would need to identify the shared assets and debts that they have acquired over the course of their marriage and reach agreement on how they would divide them.

Creating a financial landscape

Divorcing couples need to provide the financial documents that will create a comprehensive financial landscape. These should show both assets and liabilities. You’ll need to gather:

• A list of your financial accounts–checking, savings, money market, life insurance, investment, 401k, credit cards, retirement accounts, etc.
• Account statements, deeds, copies of insurance policies, and other such supporting documentation.
• Tax returns for the past two years, paystubs or other proof of income.
• Information regarding any business interests in which you are involved.

We’ve been assisting couples with divorce since 2003

Divorce can seem overwhelming because it is often accompanied with upheaval—especially if there are children. Yet it is a methodical process, and we guide you through it. If you are considering Divorce or want more information, contact Guideway today.

We service the entire East Bay and North Bay areas

Berkeley, El Cerrito, Richmond, Pinole, Alameda, San Leandro, Castro Valley Newark, San Lorenzo, Concord, Alamo, Danville, Lafayette, Orinda, Moraga, Pleasant Hill, Martinez, Pittsburg, Antioch, Brentwood, Oakley, Discovery Bay, Pleasanton, San Ramon, Livermore, Tracy and Fremont. Our clients also live in the Napa Valley, Benicia, Vallejo, Martinez, Fairfield.

Celebrating the Small, Happy Life

I recently came across David Brooks’s column in The New York Times asking his readers to define their purpose in life. While many were overachievers with lofty themes about changing the world, others found fulfillment in simply living and creating small, happy lives.

I have always wanted to be kind

One story comes from a man whose most precious possession was a banged-up tin pot that he kept carefully wrapped in cloth as though it were fragile. The message? We do not all have to shine. We don’t all have to be doing something big and important. Another response: “I have always wanted to be effortlessly kind. I wanted to raise children who were kind.”

A response from someone who survived the Nazi death camps notes that a predominant quality of these survivors was generosity. Everywhere there are tiny, inconsequential opportunities to be generous and kind.

Another woman writes: “I used to be one of the solid ones”

“Now my purpose is simply to be the person who can pick up the phone and give you 30 minutes in your time of crisis. I can edit your letter. I can listen to you complain about your co-worker. I can look you in the eye and give you a few dollars in the parking lot. I am not upset if you cry.” Think about it. Just being there for someone. In a time when we have to go to our calendars to simply schedule a telephone call, this is really quite a lot.

One gentleman has always admired the fiercely successfully people who make things happen, but he’s chosen to live his life on a much smaller scale and found happiness. “I have a terrific wife, five kids, friends from grade school and high school, college, army, friends locally, and sometimes, best of all, horses, dogs and cats. Finally, I have a small industrial business that I started and have run for 40 years.”

An 85-year old chronicles his life by the seasons in his garden

“I am thankful to be alive. I have a responsibility to myself and those around me to give meaning to my life from day to day. I enjoy my family (not all of them) and a shrinking number of old friends. If there is one thing that keeps me focused, it’s the garden. Lots of plants died during the harsh winter, but, amazingly, the clematises and the roses are back, and lettuce, spinach and tomatoes are thriving in the greenhouse. The weeping cherry tree in front of the house succumbed to old age. I still have to plant a new tree this year. There is something beautiful, concrete and well-proportioned about tending that garden.”

For this older gentleman, the garden becomes a metaphor for the seasons of his life.

We look forward to assisting our clients with their uncontested legal matters

As we embrace another year, we look forward to assisting our clients with their uncontested legal matters. Whether it’s a Divorce, Living Trust, Probate or Business Formation, we guide our clients through the process. We prepare the legal documents and file them with the courts. For most of our services, we charge one flat fee. We’re helpful, compassionate and affordable. Schedule an appointment today at one of our three Bay Area offices.

Seniors in the Workplace: Is 60 the New 40?

The employment landscape for those 60 and older

According to Inc. Magazine, there are now more than 76,000,000 Americans reaching the age of 60 and beyond, “and it seems they either can’t or don’t want to stop working.” An article in The Atlantic points out that employment in America of those aged 65 and older doubled between 1977 and 2007 and continues to climb. The employment landscape for those 60 and older has changed dramatically over the last decade. Employers are finding a lot of good reasons to hire older workers.

Seniors in the Workplace: Is 60 the New 40?

Another factor in the growth of seniors in the workplace is the changing nature of work; we can be productive far longer than in earlier eras. Sixty may be the new 40. Some jobs require cognitive skills that actually improve with age. According to a research paper entitled “Population Aging and Comparative Advantage,” these skills include technical writing, human resources management and numerous other disciplines.

The economics of retirement

The fabled retirement that Americans worked for and enjoyed decades ago may no longer be an option for today’s seniors. It’s increasingly rare to find an organization, even a union company, which offers a pension on which it is sufficient to live. Improved healthcare means that people are living longer. They’re taking care of themselves, eating better diets, exercising and remaining physically and mentally engaged. This longer lifespan requires more money.

Many seniors want to continue working

Also consider that an older person who may have enough money to live comfortably may want to work. Older people may be just as eager to contribute as they were when they were twenty. For many seniors, retirement just doesn’t work. They like the structure of having a place to go every day. They like the relationships, the sense of belonging. The mental stimulation that’s part of sharing ideas and problem-solving.

Consider the numerous benefits an older employee may provide. They:

• Are a steady and reliable source of skilled labor.
• Offer decades of relevant experience and, if they enjoy health coverage, may offer the experience you require for less money than a younger candidate requiring full benefits.
• Offer your younger employees valuable mentoring at no cost.
• Are more comfortable than younger candidates with flexible hours. Many seniors are happy to work part-time.
• Are not aggressively seeking to advance their careers at this point in their lives. You probably won’t have to worry about their playing political games that can spoil office environments.
• Offer stability. Turnover is expensive for every company.
• Are experienced problem solvers, seasoned and more engaged – they want to be involved, focused on tasks.
• More technological savvy than you think. Boomers are comfortable using computers. Where there are skill gaps, they can learn.
• Will appreciate an opportunity to work. Loyalty is a valuable commodity.
• Represent a large segment of the buying public and know that market better than the rest of your team.
• Already know what they’re good at.

Remember that many veterans are in this age group, and hiring those who have served in the military may contribute to your company’s ethos and brand.

California Document Preparers assists our clients in creating Living Trusts. A Power of Attorney and Advance Healthcare Directive are included as part of our Trust portfolio. Make an appointment today at one of our three Bay Area offices. Our dedicated team is helpful, compassionate and affordable.

A Cautionary Tale: Unmarried Spouse Ends Up With Nothing

This is a story with which many will be familiar. We likely know a friend, colleague or family member who has gone through just this kind of tragic situation.

• It starts with two mature people, Jack and Stella, who meet, fall in love and begin a committed relationship that lasts more than 20 years.
• Jack has significantly more assets than Stella.
• Jack and Stella never legally marry, yet they live together, and for all intents and purposes act and live as husband and wife for a large part of their adult lives.

Jack comes from significant family wealth . . .

Jack’s mother, who has never approved of his girlfriends, does not want her son to marry. After all this time, Stella has never developed a relationship with Jack’s mother, and Jack has led her to believe it is because she thinks all women are after his money.

Stella is well-educated, teaches music at the local high school and has no family money. Despite Jack’s wealth, she wants to maintain her independence in the relationship and insists they split everything fifty/fifty. She quickly becomes accustomed to Jack’s expensive tastes, yet she finds herself splitting the cost of lavish trips and expensive meals that she really can’t afford.

Twenty years later, Jack falls in love with Karen

After more than 20 years, Jack finds himself falling in love with Karen, a new colleague, and leaves Stella. More specifically, he tells Stella about Karen, and Stella moves out of the home they have shared for two decades.

Stella, now in her 60s, must endure the pain and loss of what feels like a Divorce, but because they never created any legal documents defining their relationship—they never married, created a Domestic Partnership or a Living Trust naming Stella as the beneficiary of any of Jack’s assets–she is entitled to nothing–no spousal support, none of the income Jack earned during their relationship, no property. Stella has to find an apartment and start over.

This cautionary tale makes a strong argument in favor of marriage or a Domestic Partnership

Jack’s and Stella’s relationship consisted of 20-plus years of long-term dating. Had they married or created a Domestic Partnership, under California Probate law, Stella would be entitled to community property, assets and a portion of Jack’s separate property assets. If Jack had died, the results would have been the same. Pain and heartbreak for Stella, but nothing in the way of property or assets.

While marriage isn’t necessary, to be protected in the event of death or a breakup, a couple needs to register as Domestic Partners and/or create a Will or Living Trust identifying those assets that the partners will inherit. Creating these legal documents is particularly important when two people come from different economic levels.

A New Year is a very good time to update your Living Trust to reflect on important changes in your life

Contact California Document Preparers at one of our three Bay Area offices today to schedule an appointment. We’re helpful, compassionate and affordable.

Difficult Family Conversations About End-of-Life Planning

The reluctance or downright unwillingness to talk to parents and grandparents about the difficult topic of end-of-life planning is one that frequently arises in our offices. It ranges from “Mom’s a terrible driver and shouldn’t be behind the wheel, but nobody will confront her” to “Dad’s health is deteriorating, and we need to talk about downsizing, estate planning and preparing a Living Trust, but every time we try to talk to him he blows up.”

One client’s story illuminates the need for planning

“Brian’s” grandfather has been managing his cardiac health for many years–bypass surgery at 60, stents put in at 73 and again at 82. He is now 85 and still in good health, is active and busy. He just rebuilt his garage and a new boat dock, from the ground up, earlier this year.

Recent heart procedure left Grandpa with diminished physical capacity

But Brian’s grandfather recently underwent a procedure to have still more stents installed, and for the first time, he left the hospital not feeling significantly better. Instead of being back to 90% efficiency post-procedure, he’s now at about 50%. Brian and his family have always taken for granted their grandfather’s robust health, but this last procedure has been a wakeup call. They’re aware that their grandfather’s diminished capacity at 85 is going to affect his ability to care for himself, his wife and his property.

It gets more complicated: Meet Grace

Grandpa remarried about five years ago, and “Grace”, 83, is in shaky health. Her kids and other family members all live on the east coast. If Grandpa dies first, his Trust allows Grace to continue to live at his very high-maintenance, hilly, fire-prone, lakefront property for the rest of her life.

While Brian and his siblings are all very fond of Grace, they worry that she won’t be able to care for herself, much less the property, which is fairly rural. If/when Grace can no longer drive, she will be isolated. Brian is his grandfather’s Trustee, and he’s concerned that Grace will then become his responsibility, along with managing the estate.

Time to have “the talk” with Grandpa

Brian knows that he must have this conversation with his grandfather. He’s struggling with how to frame the conversation so it doesn’t sound like he’s trying to get rid of Grace after his grandfather dies. Brian wants to work with his grandfather to develop a workable solution. The sensible thing would be for the couple to downsize now, move to a retirement community that would care for both his grandfather and Grace as their needs require. But ask anyone who’s had to deal with aging family members–the sensible thing can be a tough sell.

End-of-life planning discussions never get any easier

Those with parents and grandparents in failing health need to encourage them to name a Power of Attorney and an Agent for their Advanced Healthcare Directive before they become incapacitated. Our Living Trust package contains both of these documents and thoughtfully assists families to prepare for eventualities. If creating a Living Trust is on your New Year to-do list, contact California Document Preparers at one of our three Bay Area offices today to schedule an appointment. We are helpful, compassionate and affordable.

CDP Works Remotely for Those Living Outside the Bay Area

For many people these days, working remotely is the way business gets done, and California Document Preparers is able to accommodate clients who live outside the greater Bay Area. We frequently get calls from those who are located in different parts of California or even different states who would like our assistance in creating legal documents.

Last month, “Jo” called to inquire about our Living Trust package. We provided a brief explanation of our services, detailed the pricing and suggested that she come into our office so we could show her samples, review the process, and answer her questions. As it turned out, Jo lived in Calaveras County and driving to our office represented two-plus hours each way. We further explained our process and the documents we would be preparing. She gave us her email address and we sent her our Trust overview, workbook and price list.

Barely one week later, Jo emailed us the completed workbook

She was very impressed with our customer service, paid us by credit card and scheduled a meeting to review and sign the Trust and other estate-planning documents because she had decided it was worth the long drive.
We are always happy to work remotely with our clients by answering questions, forwarding materials and transacting as much business as possible by phone and email. Most of our clients are from the greater Bay Area, so we develop a face-to-face relationship while working on their documents. We look forward to clients from the Central Valley, Southern California and northern counties coming in to complete the signing of their Trusts. It gives us the opportunity to meet them in person, walk them through the contents of the Trust and explain the funding process.

Remote clients can arrange for the Trust’s signing in a convenient location

In those cases where our remote clients cannot meet in our offices for the signing, they can arrange the signing with a local notary. We send detailed instructions for the signing process, highlighting those areas of the Trust and other estate-planning documents that require signatures, initials and dates.

Because of our personal attention and service, Jo’s brother and friends have become Living Trust clients as well. We believe our thoroughness makes a difference. We do not charge for our time and are happy to answer questions. We want our clients to be informed and comfortable about the decisions they are making. Ask any small business owner: the best compliment he/she can receive is a referral of new business from a happy client.

Creating a Living Trust is an important part of your retirement planning

Contact California Document Preparers at one of our three Bay Area offices today to schedule an appointment. We’re helpful, compassionate and affordable.

Tom Clancy’s Estate Battle: Wording Trumps Intentions

Tom Clancy died in August of heart failure. Just 66, he left behind a huge body of work, and most of us remember him for his books and the movies they spawned, including The Hunt for Red October and Patriot Games. He left behind a family, a fortune and an estate battle, but the struggle between his widow and four adult children over his $86M estate is now over. Maryland’s highest court ruled about a key clause in the codicil to Clancy’s Will, and the ruling was a decisive victory for Clancy’s widow.

Legal documents written in an unclear manner

One of the best-selling authors of all time, it’s ironic that the fight boiled down to an interpretation of a clause in his estate-planning documents that was written in an unclear manner.

The dispute centered around a provision in Clancy’s second codicil (amendment) to his Will. The Will, signed in 2007, divided Clancy’s assets into three Trusts:

• One-third for his wife
• Another third for his wife to use while she was alive and then onto his daughter from that marriage
• The last third was to be split among his four adult children from a prior marriage.

Just weeks before he died, Clancy signed the codicil, which included this key sentence: “No asset or proceeds of any assets shall be included in the Marital Share of the Nonexempt Family Residuary Trust as to which a marital deduction would not be allowed if included.”

Four justices sided with the widow 

Maryland’s court was closely divided about what this language meant. The four who ruled in favor of Clancy’s widow believed that this clause meant that all estate taxes from Clancy’s Estate would have to be paid by the children’s Trust, not the Trusts containing her money, because that was the only way to fully protect the marital deduction to federal estate-tax laws.

Three justices sided with the four adult children

These justices felt that the children should only pay one-half the tax bill, not all of it, and this clause did not alter the outcome. They felt that Clancy wanted to protect the marital deduction but not to increase it at the expense of what his children would inherit.

Interestingly, the lawyer who drafted the codicil initially acted as executor of Tom Clancy’s estate, and he sided with the children. This suggests that the language was intended to apply as the children contended, yet the law isn’t about intentions, but what the documents actually say.

What does this mean for Tom Clancy’s heirs?

The four children now have to pay the IRS estate tax bill of almost $12M. If they’d won, the total tax bill would have been closer to $16M, but they would have been able to split it with one of the Trusts set up for Clancy’s widow. The results: they lost $8M, and the IRS lost out on $4M.

A strange irony for a writer

A loss of $8M for Clancy’s adult children, two years’ worth of litigation and who knows how much money in legal fees. And it all would have been avoided if the language had been more clear.

Take a lesson from Tom Clancy: wording trumps intentions

The wording of your estate-planning documents is what matters, not your intentions. While most of us, unfortunately, don’t have $86M estates over which our heirs will haggle, battles like this occur on a regular basis across the country. Make sure all of your assets are accounted for; read your documents carefully; understand what everything means before signing.

Still putting off your Living Trust? We prepare the legal documents and notarize them–most of our clients tell us they’re surprised at just how easy it was! Make an appointment today to get started on your Trust.