Kate Decker 6/3/26 Kate Decker 6/3/26

Who Would Raise Your Kids If You Couldn't? (What You Don't Know About the First 72 Hours)

I work with parents on this exact question all the time, and especially this time of year, sitting right between Mother's Day and Father's Day, the love you have for your children tends to be at the forefront of your mind. But there's a question I find most parents haven't actually answered yet, even the ones who think they have.

When I sit down with parents, I find most have thought about who would take care of their children if something happened to them, maybe during a quiet moment on a long drive, or in a conversation with a partner that reached an agreement in their heads but never quite made it onto paper.

Here's what I tell them, and what most parents don't realize: that agreement in your head, or the agreement with your godparents, doesn't exist in the eyes of the law. If something happened to you tonight, the decision about who raises your children wouldn't belong to you anymore. It would belong to a court, and a judge who doesn’t know you or your children, or what matters to you.

Here's what that actually means, and what you can do about it right now.

The Decision That Gets Handed to a Stranger When You Don't Make It

When I ask parents what they think would happen, most assume the right people would just step up. A sibling, a grandparent, a godparent, a step-parent, a close friend. The people who love your children would figure it out.

That's not how the law works.

When there is no named guardian, a judge appoints one. That judge has never met you or your children. They don't know your family's values, your relationships, or who your kids would feel safest with. They don’t know what you care about, how you would want healthcare decisions made for your kids, or education choices. What they see is a petition from one family member and a competing petition from another, each one certain they are the right choice.

Family conflict over custody of the kids (and often the money left behind for them) is one of the most painful things that can happen to a family already in grief. Grandparents, aunts and uncles, siblings, close friends, people who genuinely love your children, can end up in a legal dispute at the worst possible moment in their lives. The outcome is not guaranteed to be what you would have chosen.

The bottom line: Without a legally named guardian, the decision about who raises your children belongs to a judge, a court system, a process you never want the people you love to get trapped within. The people you trust most may have no legal standing to step in, no matter how obvious the choice seems to everyone in your family.

The First 72 Hours: The Window Nobody Plans For

In my planning sessions, I find most parents think about the long-term question: who would raise our children through childhood? Almost none of them think about what happens in the first 72 hours after an emergency.

Who has the legal authority to pick your children up from school if you were hospitalized tonight? Who can authorize emergency medical care if your child is injured before anyone has had a chance to call a lawyer? Who can step in immediately, not after a court process, but right now?

This is the gap I close with families upstream, before the crisis, while we still have time to design around it.

Here is the scenario I walk parents through. Something happens to both of you on a Tuesday evening. Your children are with a sitter. Emergency responders arrive. There is no document anyone can find that names those who should take the children. The sitter has no legal authority. The neighbors have no legal authority. Even the grandparents who live twenty minutes away have no legal authority to take custody in that moment. The authorities follow protocol. Your children are placed in the temporary care of strangers, not because anyone failed them, but because nothing was in place to tell the system what to do. Your will, assuming it names a guardian, is sitting in a filing cabinet somewhere or a lawyer's vault. The person you named still has to be appointed by a court before they can take custody. That process takes weeks or months, not hours.

This is not a rare worst-case scenario. It is a predictable gap in most guardianship plans. It is the gap I see most often in the plans parents bring me to review.

A complete plan names two things: the person who would raise your children long-term, and the people who are authorized to provide immediate care in the hours before that longer process unfolds. Without both, there is a gap. And gaps are where already hard situations get much harder.

This is where having a Kids Protection Plan® changes what those first hours actually look like. A family with a PFL relationship has someone to call. Someone who already knows the plan, knows who you named, knows what you wanted, and can help your family activate everything you put in place. The grandparents who arrived in the middle of the night don't have to figure out what you would have wanted. The named guardian doesn't have to wonder if anyone has the paperwork. The plan is known, the lawyer is reachable, and the family is not navigating any of this alone. That is what a PFL relationship gives a family in the worst moment of their lives.

The bottom line: The immediate guardian question, what happens in the first 72 hours, is just as important as the long-term one. Most parents have planned for neither.

The Real Reason Most Parents Keep Putting This Off

When parents come to me, having put this off for years, I ask them why. The most common reason is that the decision feels permanent. And permanent feels like pressure. What if the person you choose isn't right in ten years? What if your relationship with your sibling changes? What if naming someone means having an awkward conversation with the family member you didn't choose?

Here's what I tell them: naming a guardian is not a permanent, unchangeable decision. I help my clients update this decision as their children grow, as relationships shift, and as circumstances evolve. What matters is documenting a decision today, based on the people and relationships you have right now.

As for the discomfort of choosing between family members or friends: that discomfort is real, and it deserves a real conversation. But leaving the decision to a court doesn't protect anyone from awkwardness. It simply removes you from the process entirely and hands the question to a judge who doesn't know any of you.

What I tell my clients: Naming a guardian is a decision you can revisit and update. Not naming one is a decision you cannot take back.

The Questions That Matter More Than "Who Do I Trust Most?"

When I walk parents through this, most start with trust, and that's the right instinct. But trust alone doesn't answer the question.

The right guardian is the person who would raise your children closest to the way you would raise them yourself. Here are the questions I walk my clients through, out loud, with their partner, and ideally with the person they are considering:

Values and parenting style. Does this person share your values in the ways that matter most, around faith, education, discipline, and community? Would your children recognize themselves in the home this person would create?

Willingness and actual capacity. Have you asked them directly? A guardian who is surprised by their nomination is not the same as one who said yes with a full understanding of what that role means.
Practical reality. Where does this person live? Would your children need to leave their school, their community, their friends? Is this person in a stage of life where they can realistically take on children?
Age and long-term health. A grandparent may be the most emotionally obvious choice, but may not be the most practical one over the full arc of your children's childhood.
Sibling relationships. If you have more than one child, will this person be able to keep them together? Are there any circumstances under which your children might be separated?
Backup guardians. What happens if your first choice can't serve? Illness, a change in circumstances, or a shift in the relationship could make your primary guardian unavailable. Naming one or two backups ensures there is always someone with clear legal authority to step in.
If you're naming a couple. Relationships change. If the couple you name separates or divorces, who becomes the guardian? Do they share responsibility? These are questions worth answering now, in writing, rather than leaving to a court later.

One more thing I make sure my clients understand: a godparent is not a legal guardian. It's one of the most common misconceptions in estate planning. Verbal agreements, informal understandings, and family assumptions carry no legal weight. The only thing that matters is a properly executed legal document.

There are no perfect answers to these questions. But I walk my clients through them carefully because the goal isn't to find the most responsible person in your family. It's to find the person whose home, values, and life most closely match the one your children already know.

The bottom line: The guardian question is not simply "who do I trust?" It's "who would raise my children the way I would?" Those are often the same person. But asking the deeper question makes sure you're choosing for the right reasons.

Why This Isn't a Conversation to Have Alone

In my experience, naming a guardian is one of the most important decisions a parent will make. It is also one of the most connected decisions in an entire plan, and it doesn't work in isolation.

The person who raises your children and the person who manages money for your children may not be the same person, and separating those roles is often exactly the right move. The best caregiver in your family may not be the best financial manager. A well-designed plan lets you make those two decisions independently.

It also raises a harder truth: a guardian named in a plan with no resources behind it is in an impossible position. Naming the right person means very little if there isn't a financial plan supporting them. These decisions: who cares for your children, how their lives will be funded, and what happens in the first 72 hours, don't exist in isolation. They connect to each other in ways that aren't obvious until something goes wrong.

In my work with families, I see these connections every day. The guardian conversation is part of a larger planning process, not a standalone checkbox. When I work with parents on this, I make sure the right people are named, the right resources are in place, and that the people you're counting on actually know what you want. A plan nobody knows about is not a plan. And the relationship doesn't end when the documents are signed. When something happens, your family knows to call me. I know your plan, I know the people you named, and I am there for your family in the moment when you cannot be. That is the part of this work that no document, on its own, can do.

There's one more piece I bring up that most parents never think to ask about: you can also formally name the people you would never want raising your children. Not just who you want, but who you don't. When I do this with my clients, the document makes it highly unlikely that someone you'd never choose would even come forward as a candidate. This isn't something most attorneys offer as part of a standard plan, but in my view, it's one of the most protective things you can do for your children.

What I tell my clients: Naming a guardian matters. Naming a guardian as part of a complete Life & Legacy Plan® is what actually protects your children.

What You Can Do Right Now

If you have children at home and haven't named a guardian, or if you have, but only in a will and not part of a complete Kids Protection Plan, I want to help you change that today. Not because something is about to happen. Because if something did happen, you want to be the one who made that decision, not a judge who has never met your family.

I help families create a Life & Legacy Plan® that addresses who raises your children, who cares for them immediately in a crisis, and how they will be provided for financially. I don't create one-size-fits-all documents, and the relationship doesn't end at signing. I take the time to understand your specific family, design a plan that actually works when the people you love need it most, and stay in a relationship with you so that when something happens, your family has someone to call who already knows what you wanted.

Schedule a complimentary 15-minute discovery call, and let's make sure your children are protected, starting today:

This article is a service of Decker Guerra PLLC, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning® Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own, separate from this educational material.

Kate Decker 5/22/26 Kate Decker 5/22/26

Why So Much Money Ends Up as Unclaimed Property and What That Means for You

Every year, states across America observe National Unclaimed Property Day, chosen to remind you about a surprisingly widespread financial problem: billions of dollars in forgotten assets currently held by state governments, waiting for their rightful owners to claim them.

This observance exists for one practical reason: to help you reclaim money and assets that already belong to you and to prevent future losses before they happen. Understanding what unclaimed property is, how assets become lost, and what you can do to protect yourself could mean recovering funds that could be put to good use, and ensuring your family never loses track of what you've worked hard to build.

What Unclaimed Property Actually Is

When most people hear the term "unclaimed property," they might imagine abandoned real estate or forgotten treasures hidden in old storage units. The reality is far more ordinary, and it affects millions of Americans every year.

Unclaimed property refers to financial assets that have gone dormant because there's been no activity or contact between the owner and the institution holding the funds for a certain period, typically between one and five years depending on state law. When a company can't reach the owner after this legally required time, it must turn the asset over to the state through a process called escheatment. The state doesn't own the property permanently but becomes the caretaker until someone claims it.

The types of assets that become unclaimed are surprisingly common and include forgotten bank or credit union accounts, often opened years ago with minimal balances that seemed too small to worry about. Uncashed checks or refunds frequently go missing after someone moves without updating their address.

Other examples include stocks, dividends, or mutual funds purchased decades ago and forgotten, life insurance payouts that beneficiaries never knew existed, contents of abandoned safe-deposit boxes, and even payroll checks from former employers. When someone changes jobs and moves without leaving a forwarding address, that final paycheck can easily become unclaimed property.

How Assets Disappear and Why It Can Happen to Anyone

People lose track of assets for remarkably ordinary reasons that have nothing to do with irresponsibility or carelessness. Changing jobs means potentially losing track of old retirement accounts amid the chaos of starting a new position. Name changes through marriage or divorce can disconnect you from accounts registered under a previous name, especially if you don't notify every institution about the change.

When a loved one dies, family members often don't know about every account or policy the deceased held. Without a comprehensive list of assets or a system for tracking financial information, important accounts simply get overlooked. This may account for significant sums that the deceased wanted their loved ones to have, and which could have made a difference in their lives.

The scope of this problem is staggering. Across all 50 states, governments collectively hold an estimated $70 billion in unclaimed property. According to the National Association of Unclaimed Property Administrators, states return billions annually to rightful owners, yet the total amount held continues to grow each year. This means that despite ongoing awareness efforts, more property becomes unclaimed faster than it gets reunited with owners.

These statistics represent real people who worked hard for their money, saved diligently, or were entitled to benefits they never received. The problem isn't going away on its own because modern financial life has become increasingly fragmented. Most people maintain relationships with multiple banks, investment companies, insurance providers, and employers throughout their lives, creating numerous opportunities for assets to fall through the cracks. Accounts are managed online, without paper statements, and unless loved ones have knowledge of the accounts, plus the passwords to access them, assets will get lost.

Taking Action: What You Can Do Right Now

The most immediate action you can take right now is to search (or, “check”) for unclaimed property in your name. Every state maintains a free, searchable database of unclaimed property. Visit your state treasurer or comptroller's website and look for the unclaimed property section. The search takes just a few minutes and requires only your name and the state where you've lived.

There is no one database to search for property, so if you've moved during your life, search in every state where you've resided or worked. The National Association of Unclaimed Property Administrators maintains a website at unclaimed.org with links to all state databases, making it easy to search multiple states quickly.

When searching, try variations of your name including your maiden name if applicable, nicknames you may have used professionally, and names with and without middle initials. Companies may have listed your property under any of these variations. If you find property that belongs to you, the claiming process is free. States don’t charge fees to return property to rightful owners, though you may need to provide identification and documentation proving ownership. If you’re claiming property for a loved one’s estate, you’ll also need to provide a death certificate, proof of your identity and other identifying documents the state requires.

The claiming process is arduous and time consuming - and states can deny claims. Therefore, the more important work involves preventing future losses. The right estate planning can help. When you work with me, I’ll support you to create a comprehensive list of all your financial accounts, including banks, investment firms, retirement accounts, life insurance policies, beneficiary designations, and any other assets you own. You’ll include account numbers, contact information for each institution, and approximate values. I can even help you update this inventory annually.

I also recommend that you store your inventory in a secure but accessible location, and make sure at least one trusted person knows where to find it and how to access it if you become incapacitated and when you die.

Finally, it’s a good rule of thumb to update your address and contact information with every financial institution whenever you move. Consider consolidating accounts where it makes sense, as fewer accounts mean fewer opportunities for something to slip through the cracks.

The Bigger Picture

National Unclaimed Property Day shines a light on a quiet but costly truth: if no one knows what you have, where it is, or how to access it, your assets can disappear into bureaucracy. The goal isn't just to reclaim forgotten assets. The real goal is to make sure nothing you worked for ever becomes "lost" in the first place.

This February 1, take a few minutes to search for unclaimed property. Then take the more important step of organizing your financial life so your assets stay with the people you intend to benefit from them. Your future self and your loved ones will thank you.

How I Help You Protect Your Assets and All the People You Love

National Unclaimed Property Day reminds us that even the most diligent people can lose track of assets in our increasingly complex financial world. But you don't have to leave this to chance or rely on a once-a-year reminder to protect what you've worked so hard to build.

As a Personal Family Lawyer® Firm, we help you create a comprehensive Life & Legacy Plan that ensures your assets reach the people you love instead of becoming another state statistic. Once you've created your plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your property protected. I also have systems in place to review and update your plan regularly as your life changes, taking the burden off your shoulders while ensuring nothing falls through the cracks.

This year, do more than just search for unclaimed property. Take the step that truly protects your family's future.

Click HERE to schedule a complimentary 15-minute discovery call to get started!

This article is a service of Decker Guerra PLLC, a Personal Family LawyerⓇ Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy PlanningⓇ Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session.

Kate Decker 5/7/26 Kate Decker 5/7/26

A Mother's Legacy: Estate Planning as Your Greatest Expression of Love

When we think about Mother's Day, we often picture breakfast in bed, handmade cards, and bouquets of fresh flowers. But what if there was a way for mom to express her love and care that extends far beyond their lifetime? This is where thoughtful estate planning enters the picture—not as a cold legal process, but as one of the most profound expressions of motherly love possible. How, you may ask? Let’s dive in and find out.

A Mother's Care Expressed Through Legal Planning

Think about how a mother typically plans her day—ensuring lunches are packed, coordinating activities, helping with homework, and keeping track of appointments. This intricate daily choreography stems from a deep well of love and the desire to see the family thrive. Estate planning follows that same pattern of thoughtful care, just on a longer timeline.

When mom creates an estate plan, she's essentially saying, "I want to continue caring for you, even when I'm no longer physically present." It's the ultimate expression of maternal care. In my experience, I've seen many mothers recognize that planning for their children's future isn't optional—it's as essential as putting food on the table today.

The important questions arise naturally:

If I couldn’t be here for my kids, who would…

Guide the children through important life decisions?
Make healthcare choices for my children, if they couldn’t make them for themselves?
Ensure my children are educated in alignment with my values?
Maintain family bonds that the children may not be ready to maintain on their own?

These aren't just legal questions but extensions of a mother's ongoing commitment to her family.

With this understanding of why estate planning matters to mothers, let's explore the specific components that make up a comprehensive plan designed to protect and nurture loved ones.

Two Basic Components of a Mother's Estate Plan

A will is one basic component of an estate plan. For mothers, it's an opportunity to thoughtfully distribute meaningful possessions and explain the reasoning behind these choices. It might include family heirlooms passed down with intention, or collections given to children who share their mother's passions. Beyond material possessions, a will names guardians for minor children—perhaps the most crucial decision a mother can make in her estate plan. This isn't simply a legal designation but a thoughtful selection of who will continue raising children with aligned values.

A trust offers mom even more sophisticated ways to extend her care. Think of a trust as a recipe with detailed instructions—just as a mother might write down her famous recipe with specific directions. A trust provides similarly detailed guidance about how assets should be managed and distributed. For instance, a mother might establish a trust that provides funds for education with specific pro visions about how the money should be used. She might include age-based distributions, ensuring children receive increasing responsibility for their inheritance as they mature, just as she would gradually give them more independence in other aspects of life.

While these two components provide a good starting point, trusts deserve special attention for the unique protection and guidance they offer —much like a mother's watchful eye continues to guide and protect long after children leave the nest.

The Trust: A Mother's Vehicle for Long-term Care and Protection

When we think about trusts in the context of motherhood, their true value becomes even clearer. A trust isn't just a legal tool; it's a method for extending protection, guidance, and values well into the future.

Consider how a mother naturally protects her children from various threats—from checking water temperature before a toddler's bath to vetting a teenager's friends. A trust offers similar protection for a family's financial well-being. Unlike a will, which becomes public during probate, a trust keeps family matters private. It can shield assets from unnecessary taxation, protect against potential creditors, and ensure that resources aren't squandered through poor management.

For blended families, a trust becomes even more valuable. Mothers in second marriages with children from previous relationships can create trusts that provide peace of mind. These legal structures ensure that both current spouses and children from prior marriages are cared for according to their wishes. Without such planning, unintentional harm might come to loved ones because the law doesn't naturally accommodate the complexities of modern families the way a mother's heart does.

Trusts also provide extraordinary flexibility, allowing mothers to address unique family circumstances. For a child with special needs, a specially designed trust can provide financial support without jeopardizing essential government benefits. For a child who struggles with financial management, a trust can provide structured support rather than a lump sum inheritance that might be quickly depleted.

Perhaps most importantly, a properly structured trust doesn't just transfer wealth; it transfers wisdom. Through thoughtful provisions and guidance letters that accompany the trust document, mothers can share their perspectives on money management, their hopes for how assets will improve their children's lives, and their vision for the family's future. Trusts can also help pass along meaningful possessions and explain the reasoning behind these choices.

Understanding the protective power of trusts leads us naturally to consider the broader picture of how a truly effective estate plan goes beyond legal documents to capture and transmit a mother's deepest values and wisdom.

The Life & Legacy Planning Difference

While standard estate planning focuses primarily on asset distribution, mothers often want something deeper—a way to pass along values, stories, and wisdom alongside material possessions. This is where my approach as a Personal Family Lawyer® attorney becomes valuable.

The Life & Legacy Planning process that I guide clients through begins with reflection on values and goals, not just assets. Many mothers are surprised by our initial conversations, expecting to jump right into discussions about homes and investments. Instead, we start by talking about what matters most, what values they hope their children carry forward, and what life lessons they want to share. It feels less like legal planning and more like crafting motherly advice for the future.

I help create customized plans that align with unique family dynamics and parental priorities. For example, if you have a family heirloom with significant emotional value—perhaps a grandmother's recipe book or collection of letters—I can help establish a trust that specifies not just who receives these items but why they matter and how you hope they'll be treasured.

One of the most powerful aspects of working with me is the Life & Legacy Interview I record for your family. This captures your voice sharing the reasoning behind your decisions, expressing hopes for your children's futures, and telling family stories that might otherwise be lost. Many mothers find this interview to be the most meaningful part of the process, as it ensures that their children will still be able to hear their guidance and love even when they're no longer present to offer it in person.

As we reflect on the profound impact a thoughtfully created estate plan can have across generations, it becomes clear that this form of planning represents one of the most enduring gifts a mother can give.

The Mother's Day Gift That Truly Lasts

This Mother's Day, as we celebrate the incredible women who nurture and shape our lives, consider that one of the most powerful expressions of maternal love is creating a thoughtful estate plan. While flowers wilt and chocolates disappear, a comprehensive estate plan continues protecting and caring for family members for generations.

For mothers reading this, consider that estate planning is not about preparing for the end of your story but ensuring that your love and care continue to influence your family's story long after you're gone. It's about making sure that the values you've instilled, the lessons you've taught, and the love you've given continue to guide and protect your loved ones.

The process doesn't need to be overwhelming or impersonal. Working with me allows you to create an estate plan that truly reflects your unique maternal wisdom and care. I will help you craft not just legal documents but a meaningful legacy that continues your most important work—loving and protecting your family—for generations to come.

This Mother's Day, consider giving yourself and your loved ones the gift of an estate plan that continues your nurturing legacy far into the future. It may not come with a ribbon, but it's perhaps the most authentic expression of a mother's enduring love imaginable.

Take the first step towards peace of mind - click HERE to schedule a complimentary 15-minute consultation and learn how I can help you create your personalized Life & Legacy Plan:

Kate Decker 4/29/26 Kate Decker 4/29/26

Tax Season Forced You to Look. Now Ask the One Question That Actually Matters.

Tax season just made you look at your financial life honestly. All of it.

Tax season forced it. You gathered documents, tracked down account statements, reviewed what you own and what you owe. Right now, in April, you are more financially clear-headed than you will be at almost any other moment this year.

And here’s the thing most people don’t do next: they close the folder. They file the return, pay what they owe, and move on without ever asking the one question that matters most. If something happened to you tomorrow, would the people you love be okay? Not just emotionally. Legally. Financially. Would they have access to your accounts, authority to make decisions, and the protection of a plan that actually works?

That question has an answer. But you have to ask it while the documents are still in front of you.

You Just Did the Hard Part. Here’s What Most People Skip.

The financial clarity that comes with tax season is something most families never tap into for anything beyond the return itself. And that’s a real missed opportunity because the same information you just assembled is exactly what an estate plan needs to stay current.

Think about what may have changed in the last year:

You opened a new investment account, changed jobs, or rolled over a retirement plan
You bought a home, inherited money, or received a significant gift
You had a child, got married, or went through a divorce
Your income went up, and so did what you’d leave behind
A parent died, and you became the next generation in line

Any one of these changes can quietly break an estate plan that made perfect sense when it was created. And yet most people’s plans never get updated after they’re drafted, because nothing feels urgent enough to prompt a review. Life gets busy. The folder goes back in the drawer.

Tax season removes that excuse. The documents are in front of you. The questions are already in your mind. The only thing missing is one more conversation.

The bottom line: The financial clarity of April is fleeting. It’s the best window all year to ask whether your estate plan still matches your life, and to actually do something about it.

The Form That Could Override Everything You’ve Planned

Here’s something your tax return reveals that your estate plan may not know about: every retirement account, life insurance policy, and annuity you own transfers based on a beneficiary designation form - not your will, not your trust, not what you intend.

Those forms override everything else. It doesn’t matter what your estate planning documents say.

If your 401(k) still names your ex-spouse, a deceased parent, or no one at all, that’s where the money goes, regardless of what your will says. Courts have upheld this outcome even when it was clearly not what the account owner would have wanted. The form wins.

If you named your children as direct beneficiaries without considering their ages, their circumstances, or the tax implications, a lump-sum distribution could land in their hands at the worst possible time or generate a tax bill that takes a serious bite out of what you intended to leave them. A $300,000 retirement account paid directly to a young adult child in a single year could easily cost them $75,000 or more in federal income taxes alone (roughly a quarter to a third of the inheritance, gone before they can use it).

The problem is that people update their tax withholding every year but never look at their beneficiary designations. These forms were filled out years - sometimes decades - ago, and they sit quietly in HR systems and insurance policies, waiting to create a crisis.

The bottom line: Your tax return shows you exactly which retirement accounts and life insurance policies you have. Now is the time to check who is actually named on every single one and whether that’s still what you want.

What Your Tax Return Is Telling You That Your Estate Plan Doesn't Know

Certain lines on a tax return are signals that your estate plan needs attention, even if you don’t realize you’re looking at them.

A new dependent on your return means a child who has no legal protection if both parents become incapacitated tonight. There’s no document that gives a grandparent, aunt, or trusted friend the immediate legal authority to pick that child up from school, consent to medical treatment, or keep them out of foster care.

A change in filing status from married to single may mean a former spouse still controls your medical decisions through an outdated healthcare proxy (a document that doesn’t automatically expire after a divorce in most states).

New business income appearing on your return means there are assets with no succession plan. If something happened to you, who would step in? Who has the authority to keep things running, pay your employees, or decide whether to sell?

These changes appear on paper. They don’t automatically update your estate plan. An attorney reviewing your estate plan has no way of knowing your life has changed unless you tell them. And most people never do.

The bottom line: If anything significant showed up on this year’s return that wasn’t there last year, that’s a signal your estate plan may need to catch up, and sooner than you think.

Why This Isn’t Just Pulling Out a Folder

A real estate plan check-up is not a document review. It’s a conversation about whether your life is protected the way you think it is, and the answer is often not what people expect.

The right questions look like:

Has your family situation changed in a way that should change who you’ve named as guardian, trustee, or executor?
Are your powers of attorney and healthcare directives still current, or were they drafted under laws that may have since changed?
Are your assets titled correctly? Owning a home in your name only, without a plan, can send it through probate regardless of what your trust says.
Do the people you’ve named actually know what you’d want them to do, and do they know where to find everything?

Documents alone don’t protect your family. Plans fail not because they were wrong when they were drafted, but because no one kept them current, no one could find them, or no one was there to guide the family through a crisis. That’s the difference between a document and a real plan.

The bottom line: Having the right documents is the starting point. Having a plan that's current, accessible, and backed by someone your family can call - that's what actually protects them.

What You Can Do Right Now

The financial clarity you have right now won’t last. It never does. But if you use this window - while the documents are fresh and the questions are still in your mind - you can make sure the people you love are genuinely protected.

As a Personal Family Lawyer® Firm, we help you create a Life & Legacy Plan that actually works when your family needs it to. Not just documents in a drawer, but a complete plan that stays current as your life changes, and a trusted advisor your family can call when a parent dies, an accident happens, or a diagnosis changes everything.

That's what eyes wide open planning looks like: knowing exactly who has authority, where everything is, and what happens next… so your family never has to find out the hard way.

Schedule a complimentary 15-minute discovery call HERE, and let’s find out where you stand.

Kate Decker 4/16/26 Kate Decker 4/16/26

Here’s What Happens to Your Retirement Accounts After You Die

Retirement accounts like 401(k)s and IRAs often represent the single largest category of wealth for American families. According to recent data, retirement funds in these accounts alone total roughly $21 trillion, and for many households, they compose over 34% of average household assets, even exceeding home equity. Given this scale, understanding how these accounts transfer to beneficiaries after death isn't just important, it's essential to protecting your family's financial future.

The challenge is that retirement accounts sit at a unique intersection of beneficiary designation law, income tax rules, trust design, and post-death distribution requirements. This creates planning tension that shows up in almost every family situation: people want asset control and protection for their loved ones, but they also want to minimize tax consequences. With retirement accounts, those goals can work directly against each other.

In this article, you'll learn how the new tax law fundamentally changed distribution rules for inherited retirement accounts, which beneficiaries still qualify for favorable tax treatment, and how properly designed trusts can help address both tax concerns and protection needs for your family.

How Tax Laws Affect Retirement Accounts

Most inherited assets pass to beneficiaries income tax-free, but retirement accounts are an exception. Depending on the type of retirement account, withdrawals are subject to income tax that the beneficiary must report on their personal tax return.

Before 2020, many beneficiaries could stretch retirement account distributions over their own life expectancy, allowing the account to continue growing tax-deferred for decades, and stretching the distributions to control income. A young beneficiary inheriting a retirement account could take small required minimum distributions each year based on their life expectancy, lowering their income tax and potentially letting the account grow for 40 or 50 years.

The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 eliminated this option for most beneficiaries. Many people who now inherit a retirement account must withdraw the entire balance within 10 years of the account owner's death. This dramatically accelerates the tax burden on inherited retirement accounts.

The impact can be substantial. Shorter withdrawal windows force larger annual distributions, which push beneficiaries into higher tax brackets. When an adult child inherits a significant IRA during their peak earning years, those forced withdrawals compound with their regular income, potentially pushing them from a 24% federal tax bracket into 32% or even 35%. What looks like a $500,000 inheritance could net significantly less after taxes.

Understanding which beneficiaries avoid these harsh rules becomes critical to effective estate planning.

Who Gets Better Treatment Under Current Law

Not everyone faces the 10-year withdrawal rule. The SECURE Act created a category of beneficiaries who receive more favorable treatment. This category includes surviving spouses, minor children of the account owner, individuals not more than 10 years younger than the account owner, and disabled or chronically ill individuals.

Surviving spouses have the most flexibility. A surviving spouse can roll an inherited IRA into their own IRA, essentially treating it as if it had always been theirs. This allows the account to continue growing tax-deferred, and required minimum distributions don't begin until the spouse reaches the required age, which in 2026 is 73. This option can extend the tax-deferred growth by years or even decades.

Minor children of the account owner can use their life expectancy to calculate distributions, but only until they reach age 21. Once they turn 21, the 10-year clock starts ticking, and the account must be fully distributed by the time they turn 31.

Spouses generally can take distributions based on their life expectancy, which can extend significantly beyond 10 years for younger beneficiaries or those close in age to the account owner.

The key planning insight here is that preserving these favorable tax treatments requires careful coordination between your beneficiary designations and your estate planning documents. This is just one reason why you want a full estate plan, and not just a trust. When we are planning your estate, we consider the most favorable way to distribute your retirement account assets to your heirs.

How the Right Trust Can Solve Multiple Problems

You may have heard that naming a trust as beneficiary of a retirement account automatically creates problems or makes taxes worse. That's not accurate. The reality is that any planning for retirement accounts requires attention to detail, whether you're using a will, a trust, or simply naming beneficiaries directly.

The advantage of using a trust is that it can solve problems that direct beneficiary designations can't. Direct designations offer no protection if your beneficiary is going through a divorce, has creditor issues, or struggles with money management. They provide no control over when or how your beneficiary receives the money. And they give you no say in where the funds go if your beneficiary dies before fully withdrawing the account.

A properly designed trust addresses all these concerns while still preserving favorable tax treatment. The key is understanding that different trust designs serve different purposes, and the right choice depends on your specific family and financial situation.

Some trusts are designed to distribute retirement account withdrawals immediately to your beneficiary. This approach keeps the money taxed at your beneficiary's personal tax rate rather than the trust's tax rate, which matters because trusts reach the highest federal tax bracket at very low income levels. These trusts still provide some control; they can limit how much beyond the required minimum your beneficiary can access each year, and they control where remaining funds go if your beneficiary dies.

Other trusts are designed to hold withdrawn funds and distribute them according to standards you set, such as for health, education, or general support. These trusts provide the strongest protection from creditors, divorce, and poor spending decisions. The trade-off is that any income kept in the trust faces higher tax rates. For some families, particularly those with beneficiaries who have significant protection needs, this tax cost is worth paying for the security the trust provides.

What matters most is that your trust is specifically designed to work with retirement accounts. Generic trusts drafted without considering retirement account rules can create serious problems, forcing rapid withdrawals or losing favorable tax treatment entirely.

Why the Right Support Matters

Here's what many people don't realize: retirement account planning requires knowledge that goes beyond simply creating basic estate planning documents. The rules governing how retirement accounts interact with trusts are complex, they've changed significantly in recent years, and they continue to evolve as the IRS issues new guidance.

An estate planning attorney who understands retirement accounts will ask you specific questions about your family situation. Do you have a spouse who will need access to funds, or are you concerned about protecting assets in a remarriage situation? Are your children financially responsible, or do they need protection from their own decisions? Does anyone in your family have special needs that require careful coordination with government benefits? Are there significant age differences between your beneficiaries that affect tax planning?

Your attorney will also support you to ensure your trust meets specific requirements that allow the IRS to look through the trust to the actual beneficiaries. This involves technical details about how the trust is structured, when it becomes permanent, how beneficiaries are identified, and what documentation must be provided after your death. Miss any of these requirements, and your family could face the worst possible tax treatment.

Beyond the technical requirements, coordinating your retirement accounts with your overall estate plan means making sure all the pieces work together. This includes reviewing not just your primary beneficiary designations but also your contingent beneficiaries, confirming your trust provisions align with your intentions, and building in flexibility for the trustee to respond to tax law changes after your death.

All these considerations must be taken into account so you can create the right estate plan that works for you and everyone you love. There's no one-size-fits-all estate plan. What works perfectly for one family could create problems for another. This is why having the right support from an attorney who’s also a trusted advisor to you and your loved ones matters.

Taking the Next Step

Retirement accounts are too valuable and too complex to leave to chance. The difference between planning done right and planning done casually can easily cost your family tens of thousands of dollars in unnecessary taxes, not to mention the loss of asset protection and control over how your legacy is used.

As a Personal Family Lawyer® Firm, we help you create a Life & Legacy Plan that coordinates your retirement accounts with your overall estate plan, preserves favorable tax treatment where possible, and provides the protection your family needs. We don't create a set of one-size-fits-all documents. Instead, we take the time to understand your specific situation, assets, family dynamics, explain the options available to you, and design a plan that doesn’t fail when your loved ones need it to work.

Click HERE to schedule a complimentary 15-minute discovery call to get started!

This article is a service of Decker Guerra PLLC, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy PlanningⓇ Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session.

Kate Decker 3/26/26 Kate Decker 3/26/26

What Happens to All Your Stuff When You Die? (And Why Your Family Is Dreading It)

You open the door to your parents' home for the first time since the funeral. Closets stuffed with decades of clothes. Cabinets filled with china no one uses. A garage packed with tools, holiday decorations, and boxes labeled "miscellaneous." Drawers overflowing with papers, keepsakes, and items whose significance you'll never understand. The task ahead feels impossible.

This scenario plays out in homes across America every day. With an estimated $90 trillion in assets transferring from Baby Boomers and the Silent Generation to their heirs over the next two decades, families face not just financial inheritance but a staggering amount of physical possessions to sort, distribute, donate, or discard. Without guidance from you, your loved ones will spend months or even years trying to figure out what matters, what has value, and what you would have wanted them to do with it all.

Not only that, personal belongings are the number one source of conflict when someone dies. It’s not the bank account, the house or the insurance. It's the “stuff.” The personal items that carry emotional or sentimental value matter the most to loved ones.

The good news? You can prevent this overwhelming situation through thoughtful planning today. In this article, you'll learn how to organize your belongings, communicate your wishes, and create a plan that protects your family from drowning in stuff while preserving what truly matters.

Why Your Possessions Need a Plan Too

Most people think estate planning only covers financial assets like bank accounts, retirement funds, and real estate. But your estate includes everything you own, from your grandmother's engagement ring to that collection of vintage records in the basement. Without clear direction about your personal property, you're setting up your family for confusion, conflict, and countless hours of difficult decisions during an already painful time.

Consider the emotional weight your loved ones will carry. They'll open every drawer wondering if they're throwing away something important. They'll argue over who gets mom's jewelry or dad's tools. Family relationships can fracture over items that have more emotional significance than monetary value, simply because no one knew what you wanted.

Sorting through a lifetime of possessions typically takes three to six months of intensive work. Your family will need to take time off work, travel back and forth if they live out of town, and make hundreds of decisions about items they may have never seen before.

Beyond the time and emotional toll, there's real financial risk. Without proper guidance, valuable items might end up in donation bins. Collections built over decades could be sold for pennies on the dollar because no one knows their true worth.

What about you? Have you walked through your home recently and imagined your children or other heirs trying to sort through everything? Have you considered which items hold stories they don't know?

With proper planning now, you can spare your family this overwhelming burden and ensure your possessions become meaningful gifts rather than sources of stress and conflict.

Start the Conversation Before It's Too Late

The best time to address your belongings is while you're healthy and can actively participate in meaningful conversations about your possessions. Waiting until a health crisis or until you're gone removes your voice from the process entirely.

Begin by identifying items with special significance. Walk through your home room by room and note anything with emotional value, financial worth, or family history. That china set might have been your great-grandmother's wedding gift. Those tools might have belonged to your father. Document these stories now, while you remember them.

Next, have honest conversations with your family about what they actually want. Many people assume their children will treasure certain items, only to discover they have different lifestyles and preferences. Your formal dining room set might not fit in their smaller home. Rather than making assumptions, ask directly what holds meaning for them.

Consider creating a personal property memorandum as part of your estate plan. This document, which can be updated without redoing your entire will, lists specific items and who should receive them. Unlike trying to divide everything in your will, which becomes difficult to change, a personal property memorandum remains flexible as your possessions and relationships evolve.

These conversations may feel uncomfortable at first, but they're essential for preventing future conflict and ensuring your wishes are honored.

Make It Easier By Doing the Work Now

Start with the items you've been saving. Those beautiful dishes in the cabinet deserve to be used and enjoyed, not preserved behind glass. Wear the jewelry, use the silver, display the artwork. Create memories with your possessions instead of relegating them to storage.

Sort systematically by creating four categories: keep and use, give away now, designate for specific people, and dispose of. The "give away now" category is particularly powerful because you can see the joy your possessions bring to others during your lifetime.

For items with potential value, get proper appraisals. Collections of coins, stamps, antiques, or art should be professionally evaluated. Document the appraisal and include it with your estate planning documents so your family knows what they have and can make informed decisions.

Create an inventory of your items with stories or significance. A simple spreadsheet or notebook listing important items, their history, and their intended recipients can save your family countless hours of uncertainty.

Taking these steps now transforms what could be an overwhelming burden into a manageable process for your loved ones.

How Comprehensive Estate Planning Protects Your Family From the Burden

Traditional estate planning often overlooks personal property entirely, focusing on documents that address only financial assets and real estate. But your possessions deserve the same careful attention.

Real protection for your family goes far beyond having a set of documents in place. Your loved ones need a comprehensive plan that considers both the legal aspects of transferring assets and the practical realities they'll face after you're gone. They need clear instructions about where to find important documents, how to access accounts, and what steps to take first. Most importantly, they need guidance about what to do with your possessions while they're grieving and facing the legal process of settling your estate. Should they hold an estate sale? Donate to specific charities? Keep certain items together as a collection? These decisions are so much easier when you've provided direction in your plan rather than leaving your family to guess.

You can also document the stories behind your possessions in your estate plan, explaining why certain items matter, sharing the history behind collections, and passing along the memories associated with your belongings. When your family inherits your grandmother's ring, they'll also inherit the story of how she wore it every day and what it meant to your family. These stories transform possessions from "stuff" into cherished connections to your memory.

Finally, review and update your plan regularly as your life and assets change. This ensures your plan will work over time and won’t fail your loved ones when they need it most.

How I Can Support You

Your possessions represent your life story, but without proper planning, they can become an overwhelming weight for your family. The choices you make now and the conversations you have today will make all the difference in how your family experiences your legacy.

I help you create a comprehensive Life & Legacy Plan so that your loved ones stay out of court and conflict and have a plan that works when they need it. Once you've created your plan, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your assets protected. I'll also touch base regularly to ensure your plan stays updated over time, taking the burden off your shoulders to make changes to your plan when needed. After all, you have enough to worry about each day.

Don't wait until it's too late. Click here to schedule a complimentary 15-minute discovery call!

Kate Decker 3/19/26 Kate Decker 3/19/26

Why Quick and Simple Estate Plan Reviews Don't Exist

When someone calls an estate planning attorney asking for a "quick look" at their documents, the request usually sounds straightforward. Maybe the documents were created using an online service, and they want to “just be sure” the documents are sound. Perhaps there's been a move to a new state and a question about whether the plan still works. Or maybe the documents are a few (or more) years old, and there's uncertainty about whether they're still valid. Most people expect a simple yes or no answer, preferably during a brief phone call or quick and cheap consultation.

The reality is that there's no such thing as a simple document review when it comes to estate planning. What seems like a straightforward question actually opens a myriad of legal, financial, and personal considerations that require thorough analysis and consideration, if you want to ensure your plan doesn’t fail the people you love.

This article explores why an estate plan review requires more depth than you may expect, what a proper review actually involves, and why investing in a review of your plan now can save your loved ones from extremely costly problems later.

The Hidden Complexity Behind Document Reviews

When someone asks an attorney to review estate planning documents, they're really asking several interconnected questions that affect their and their loved ones’ future security. Each question requires careful analysis, and skipping any of them could create a legal mess later that may be costly and time-consuming to resolve.

Here are the steps an attorney should take:

Determine whether the documents are legally valid under current law and in your jurisdiction.
State laws, federal and tax laws change frequently. What was legally valid when documents were originally created might not meet today's requirements - or were never valid to begin with (especially if you’ve drafted the documents yourself). For example, you likely don’t know that most banks and brokerage houses will not accept a power of attorney signed more than 3 years prior, and some even more recent. That means your loved ones could have no access to your assets in the event of your incapacity.

If you’ve moved from one state to another, an analysis of how you want your plan to work and whether it does under your new state’s law could require a chunk of attorney time.

Tax laws may also impact your plan, and the attorney will need to determine whether your plan should be amended to take advantage of tax strategies that may apply now.

These kinds of reviews could cost more in attorney time than it would to simply create a new plan from scratch.
Evaluate whether the plan actually accomplishes what you think it does. Many people believe they have a complete estate plan when they actually have significant gaps. This is especially a problem when you create a set of documents and think you’ve created a whole plan. This is almost never the case.

Gaps in your estate plan may include whether the plan addresses the following:

What happens if a primary beneficiary dies before you do - both in your plan documents and your beneficiary policies
Whether minor children have been protected from receiving large inheritances before they're mature enough to handle money responsibly
Whether the plan accounts for the possibility of incapacity, not just death
Whether your loved ones know where to find all your assets, so none get lost
Whether your loved ones know how to access your passwords
If you have enough insurance to ensure your loved ones don’t end up in financial stress
If accounts will be accessible to your loved ones after you die, so that bills continue to get paid

These are just some of the gaps that need to be addressed. It’s not an exhaustive list.

3. Assess whether the documents work together as a cohesive plan or create conflicts that could lead to expensive and time-consuming court battles.

There are cases where someone's will says one thing, their trust says another, and their beneficiary designations contradict both.

When conflicts exist, families will end up in court, while a judge, a complete stranger to you and your loved ones, decides what you really meant. It’s possible no one is happy with the outcome, especially if they’ve spent thousands of dollars and years in court.

But the complexity doesn't stop there. Even perfectly drafted documents can fail if a critical step in the planning process was overlooked.

The BIG Problem Nobody Talks About

Here's something that catches almost everyone by surprise: if you’ve created a trust, it will not work if assets haven't been properly transferred into it and beneficiary designations or TOD or POD forms have not been completed properly. In the world of estate planning, we call this “funding”, and it is where most trust plans completely fail (even if you worked with a lawyer to create your legal documents).

You could spend thousands on a will, trust, health care directive and power of attorney, all delivered to you in a beautiful binder, all of which becomes worthless because your lawyer didn’t have a process to ensure you changed the title on your bank accounts, your house, or your investment accounts, and doesn’t have a system to ensure that new assets are titled properly when acquired in the future. And, it’s not just titling, but beneficiary designations that need to be reviewed and updated regularly. Finally, the mere fact that the assets exist should really be inventoried at least annually.

Reviewing whether an estate plan is properly funded requires examining title documents, account statements, beneficiary designations, and business documents. An attorney needs to verify that each asset is titled correctly and that beneficiary designations align with the overall plan. This isn't a five-minute task. A review requires methodical analysis of the entire financial picture.

Consider this common scenario: someone creates a trust with careful instructions for how assets should be divided among family members, but their life insurance policy still names their spouse as the sole beneficiary. When they die, the insurance payout goes directly to the spouse, bypassing the trust entirely. That money could end up with a future spouse or stepchildren rather than the children the plan was designed to protect. A thorough review would have caught this conflict while it could still be fixed easily.

This is exactly why attorneys can't offer quick, surface-level reviews. There is a lot of time and resource allocation that must go into each review - even if you think your situation is simple.

Why Cutting Corners Creates Liability

When someone asks an attorney to "just quickly review" documents, they're asking for legal advice based on incomplete information. Attorneys can't responsibly do that. If an attorney says a plan looks fine after a cursory review, and it later turns out there were serious problems that weren't caught, you (or your family) may have a case against the attorney for malpractice. More importantly, your loved ones could suffer significant financial harm that proper planning would have prevented.

Professional responsibility to you, the client, requires that your attorney either perform a thorough review or decline to review documents at all. There's no middle ground that protects you. This means the attorney must examine documents in detail, ask questions about your family dynamics and assets, research how current laws apply to your specific circumstances, and provide an analysis of findings. This process requires time, expertise, and an associated cost.

While the investment in a thorough review might seem like more than you thought it should, it pales in comparison to what you and your loved ones face when inadequate planning fails at the worst possible time. By then, it will be too late to fix.

What to Reasonably Expect

The consultation fee for a thorough review might seem expensive until it's compared to what families will spend if an inadequate plan fails. Probate proceedings typically cost thousands of dollars and take a year or more. Legal battles between family members over unclear provisions can cost tens of thousands. The emotional toll of watching loved ones fight over an estate while grieving a loss is incalculable.

If you want to ensure you have a complete plan that works for you and your loved ones, saves money, keeps them out of court and conflict, and protects your minor children if you were no longer able to raise them, you should expect to pay at least $1,000 for a comprehensive review of your plan - including an inventory of all your assets, what matters to you, and a review of all of your documents - no matter how “easy” you think your situation may be (in my experience almost everyone thinks their circumstances are easy, but almost never are).

Expect to fill out a questionnaire, or complete some “homework” for the attorney before you meet, and expect that the attorney will spend time preparing to meet with you, and hours to review your current documents, financial information, and statements, the status of trust finding, meet with you, and offer counsel based on the analysis of your current plan. If you need or want to make updates, there will be an additional cost.

How We Support You and Your Loved Ones

A comprehensive review is not about the documents themselves. It’s about investing in peace of mind, knowing your loved ones will be cared for according to your wishes, without unnecessary legal complications, family conflict, or financial waste. It’s about making sure no assets are lost, your loved ones have financial stability, your children aren't taken into the care of strangers, and your family knows what to do when the time comes.

Click here to schedule a complimentary 15-minute discovery call to learn how we can support you.

Kate Decker 3/13/26 Kate Decker 3/13/26

Planning a Trip? Protect Your Children with a Kids Protection PlanⓇ

With Spring Break in sight, followed by summer, you're likely focused on planning the perfect getaway with your children - booking flights, reserving hotels, and mapping out exciting activities. But there's one crucial aspect of travel planning that often gets overlooked: ensuring your children's safety and care if something unexpected happens to you during your trip. While no one wants to think about emergencies during vacation, having proper protection in place lets you truly relax and enjoy making memories together.

Let's explore why having a Kids Protection PlanⓇ (“KPP”) in place before traveling is essential and what steps you can take to protect your children. Please note: most lawyers, even at the top estate planning firms, often make at least one of 6 common mistakes that the KPP is designed to address, when naming legal guardians for children in an estate plan.

The Hidden Risks of Traveling Without Protection

When you're caught up in vacation planning excitement, it's easy to focus only on the fun ahead. However, traveling presents unique risks and scenarios you need to consider. If you become incapacitated in a car accident or experience any other emergency while away from home, what would happen to your children in those critical first hours or days? Without proper legal documentation, your children could be temporarily taken into the care of strangers or social services until the proper authorities can determine who has the legal authority to care for them.

This becomes even more complicated when traveling internationally. Different countries have varying laws about child custody and care in emergency situations. Without clear legal documentation designating temporary guardians, your children could face significant trauma while authorities work through bureaucratic processes to determine their care. Even domestic travel can present challenges if you're incapacitated in another state, as local authorities may not immediately recognize out-of-state guardianship arrangements without proper documentation.

Essential Components of Protection While Traveling

A comprehensive KPP, which we create for you as part of the Life & Legacy PlanningⓇ process, provides crucial legal documentation and instructions that activate immediately if something happens to you. This includes designation of temporary guardians who can care for your children until your long-term guardians can arrive, as well as detailed information about your children's medical needs, allergies, medications, and daily routines.

When you work with us to create a KPP, we include several key components that many parents overlook. First, you’ll receive ID cards that list emergency contacts that can care for your children in your absence. Second, we’ll create medical power of attorney forms that allow designated caregivers to authorize treatment for your kids if they need medical care if needed. Third, your KPP will include temporary guardianship documentation so your kids are never taken into the care of strangers, while the authorities locate the long-term guardians for your children. Finally, if there is anyone you would never want raising your children, we document that (confidentially), too.

Beyond these basics, your KPP also includes detailed information about your children's daily lives - their favorite foods, bedtime routines, fears or anxieties, and comfort items. This helps caregivers maintain normalcy during a stressful situation. You can also include passwords for electronic devices, social media accounts, and educational platforms your children might need to access.

Take Action Before You Travel

Before heading off on your Spring Break adventure, schedule time with me and we will help you think through all the potential issues that could arise so that you can make the best decisions for you and your kids. We’ll start by carefully selecting both local and long-distance temporary guardians who can respond quickly in an emergency, considering factors like their proximity to your vacation destination, their ability to travel on short notice, and their familiarity with your children's needs.

Then, we’ll support you in creating an emergency response plan that outlines exactly what should happen in various scenarios. This includes who should be contacted first, in what order, and what immediate actions they should take.

Importantly, your plan should be easily accessible to designated guardians and include clear instructions for first responders or authorities who might need to reference it in an emergency. We will help you with this, by making sure you have access to the documents you need, and ensuring your chosen guardians know exactly how to access the information and documents they need. We will also be here to support them in case of an emergency so they know exactly what to do.

Making these arrangements isn't about dwelling on worst-case scenarios – it's about creating peace of mind so you can fully enjoy your vacation. With proper protection in place, you can focus on creating wonderful memories with your children instead of worrying about "what-if" scenarios. Think of it as travel insurance for your children's wellbeing - something you hope you'll never need but will be incredibly grateful to have if an emergency arises.

Your Next Steps for Peace of Mind

As your Personal Family LawyerⓇ Firm, we support you to create a comprehensive Life & Legacy Plan that includes a Kids Protection Plan so your children are always protected, no matter where your travels take you. Take the first step today by booking a Life & Legacy Planning Session, where you’ll get educated on what will happen if you become incapacitated and when you die so you can make the very best decisions for your loved ones. From that place of empowerment, we’ll then work together to create your comprehensive Life & Legacy Plan that gives you peace of mind, knowing you’ve done all you can for the people you love most.

Book a call today to get started!

This article is a service of Decker Guerra PLLC, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy PlanningⓇ Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

Kate Decker 3/12/26 Kate Decker 3/12/26

Five Essential Steps to Protect Your Loved Ones in 2026

You know that uneasy feeling when you think about what everyone you love would do, if (and when) something happens to you? That nagging voice reminding you that you still haven't created a will or trust or updated the estate plan you do have?

This year, it's time to stop pushing those thoughts aside and take action to protect the people you love most. Many people avoid estate planning because they think it will be complicated, expensive, too time-consuming, or emotionally challenging. But the truth is, not having a plan, or having an out-of-date plan, is far more costly – financially, emotionally, and time-wise – for the people you love.

Let's take a look at five things you can do right now to create lasting peace of mind.

Step 1: Get Financially Organized

One of the biggest challenges people face after losing a loved one is trying to piece together their financial life. Where are all the accounts? What insurance policies exist? What bills need to be paid? Without proper organization, your family could spend months or even years trying to track everything down. Worse yet, anything they don’t find will be turned over to the State Department of Unclaimed Property, where there are approximately $60 billion in lost assets nationwide.

As important as it is, financial organization isn't just about making lists – it's about creating a clear roadmap for the people who will handle your affairs when you cannot. This includes documenting all your accounts, insurance policies, important passwords, and key contacts. When your loved ones need access to this information, it should be readily available, updated, and easy to handle. This is why our Life & Legacy Planning process begins with a financial organization, and then our ongoing Life & Legacy Planning service supports you to maintain your financial organization throughout your life, so it’s handled with as much ease as possible for the people you love when something happens to you.

Step 2: Create a Lasting Message for Your Loved Ones

When someone dies, their loved ones often wish they had one more conversation, one more chance to hear their loved one's voice or read their words. That's why recording a Life & Legacy Interview is part of our planning process. It’s truly one of the most meaningful gifts you can give the people you love, and who love you.

This message isn't just about saying goodbye – it's about sharing your values, hopes, and life lessons. Think about what you want future generations to know about your life journey.

What wisdom do you want to pass down?

What family stories, or even recipes, should be preserved?

While you may think “generational wealth” is just about money, the truth is that people who are able to learn from the recorded history of past generations have true generational wealth that’s far greater and irreplaceable than any dollar ever could be.

Your words will become a treasured part of your legacy, offering comfort and guidance long after you're gone.

Step 3: Learn About Tax Planning

Many people don't realize that proper estate planning can help minimize or eliminate taxes their loved ones might otherwise have to pay. Without planning, they could lose a significant portion of their inheritance to estate taxes, income taxes, or capital gains taxes.

Strategic tax planning isn't about avoiding your obligations – it's about ensuring more of your hard-earned assets go to the people you love rather than the government. Working with a trusted advisor who understands both estate and tax law can help you identify opportunities to protect your loved ones’ financial future.

Step 4: Plan Your Final Farewell (and Your Last Days)

While it might feel uncomfortable to think about your funeral, planning and paying for it in advance is one of the most loving things you can do for the people you love. When you're gone, they will be grieving. The last thing they need is to make difficult decisions about your funeral while trying to guess what you would have wanted.

By planning ahead, you not only ensure your wishes are honored but you also protect the people you love from emotional overspending during a vulnerable time. You can choose and pay for exactly what you want, locking in today's prices and relieving your loved ones of this financial burden.

Even more importantly, consider how you want to spend your last years, months, or even days and discuss that with the people who will be responsible for your care now. This could be a conversation we can help facilitate if bringing it up or even thinking about it alone feels too challenging or if you keep putting it off. This courageous conversation is one of the best gifts you can give to the people you love.

Step 5: Create a Comprehensive Life & Legacy Plan

All these elements come together in our comprehensive Life & Legacy Planning® process, which guides you to understand the law and how it will apply to your unique situation, considering your family dynamics and assets, so you can make educated and informed choices to ensure your loved ones stay out of court and out of conflict when something happens to you. This isn't just about creating legal documents – it's about creating a plan, maintaining it, and ensuring your loved ones know who to turn to when something happens to you.

When you create a Life & Legacy Plan with me, it includes clear instructions about who gets what, who's in charge of what, and most importantly, how to find and access everything when needed. It also includes specific directives about what happens if you become incapacitated. In addition, you’ll have the opportunity to outline your memorial service, and we’ll support you to record a Life & Legacy Interview that your loved ones will cherish for the rest of their lives.

The start of a new year is the perfect time to take these essential steps to protect the people you love. Don't wait until it's too late – the greatest gift you can give your loved ones is the gift of preparation and peace of mind.

How We Help You Get Started

As your Personal Family Lawyer® Firm, we help you put these essential protections in place. Through our Life & Legacy Planning® process, we'll guide you in creating a lasting message for your loved ones, implementing smart tax strategies, planning your final arrangements, getting your finances organized, and creating a comprehensive plan that ensures the people you love stay out of court and conflict. Most importantly, we'll help you make informed decisions that align with your values and wishes. So don’t delay! Let us help you start the new year by doing the right thing for your loved ones.

Click here to schedule a complimentary 15-minute consultation to learn more:

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This article is a service of Decker Guerra PLLC, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy PlanningⓇ Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session.

Kate Decker 3/5/26 Kate Decker 3/5/26

Common Estate Planning Myths Debunked

You might think estate planning is only for the wealthy or too complicated and expensive. These are just a few myths surrounding estate planning that I hear often. In reality, estate planning is critical for everyone, including you, regardless of age or financial status.

Many people don’t really understand what estate planning is - even attorneys sometimes don’t really understand it. So, I’ll take this opportunity to set the record straight and debunk some common myths, then explore why you need an estate plan, and how to get the right one, at the right price.

Myth 1: Estate Planning is Only for the Wealthy

One of the most persistent myths about estate planning is that it's only necessary if you have significant wealth or valuable assets. This couldn't be further from the truth. Estate planning isn't about the size of your estate; it's about making sure that when something happens to you - as it will - the people you love aren’t left with a big mess to deal with. Consider this: Do you have a bank account? A car? Personal belongings with sentimental value? A life insurance policy? If you answered yes to any of these, you have an estate. But even more importantly, do you have people you care about? Family members who depend on you? Or people you love who are going to be stuck dealing with your mess, if you don’t take care of these things while you can. If so, you need an estate plan.

Estate planning isn't just about distributing assets. It's about making important decisions that will affect your loved ones. For instance:

Who will take care of your minor children if something happens to you? And, how will they take care of them?
Who will make medical decisions on your behalf if you're incapacitated? And, how will they make those decisions?
Who will manage your digital assets, like email, social media accounts or cryptocurrency?
Who will make sure your bills get paid?

These questions apply to everyone, regardless of their net worth. By creating an estate plan, you're not flaunting wealth; you're taking responsibility for your life and the people you care about. After all, someone will have to deal with these things. It’s unavoidable. You can do it now and make it easy on your loved ones (and have more control over outcomes), or you can procrastinate it or avoid it altogether, and leave the people you love with a complicated and expensive mess to clean up, if you become incapacitated or after you die.

Myth 2: Estate Planning is Complicated and Expensive

Another common misconception is that estate planning is an overly complex and costly process. While it's true that estate planning involves legal documents and careful consideration, it doesn't have to be overwhelming or break the bank. In fact, we promise to make it as easy as possible for you, at the right budget based on your family dynamics, assets, and needs.

The complexity and cost of your estate plan will depend on your specific situation and goals. Our Life & Legacy Planning process is specifically designed to start with getting you educated and organized, so we can support you to choose the right plan for you and your loved ones.

You can either start with one of our educational presentations or a 15-minute call with our office. From there, we guide you through a Planning Session that will have you relieved at how educated you are. We often hear afterwards, “wow, if I knew I would feel this great after our Session, I would have done this much sooner. I didn’t know working with a lawyer could feel like this.” One of the main purposes of the Planning Session is to look at the cost of the “state’s plan” or your current plan (if you created a will or a trust in the past), and to ensure you are 100% clear about what would happen, if you become incapacitated or when you die. And, then, we look at exactly what you would want, and the cost to create a plan that meets your wishes. You are then able to make an informed, educated decision about what you want to do for yourself, and the people you love.

When you consider the peace of mind and potential savings in time, stress, and money for your loved ones down the line, Life & Legacy Planning is often the best way to save your loved ones time and money, while also creating optimal value and use of your resources, during your own lifetime. Think of it as insurance for your legacy – a small cost now can save your loved ones significant trouble and expense later.

Myth 3: I'm Too Young to Need an Estate Plan

You might think estate planning is something you can put off until you're older, but this is a dangerous assumption. Life is unpredictable, and having an estate plan in place is crucial regardless of your age.

If you're a young adult, you might not have accumulated much wealth yet, but you still have important decisions to make. For instance:

Who will manage your social media accounts if something happens to you?
Who will take care of your pets?
If you have a small business or side hustle, what will happen to it?
Who will be responsible for paying off your student loans or other debts?

Moreover, estate planning becomes even more critical if you're a young parent. Your estate plan can designate guardians for your children and set up trusts to manage any assets they might inherit. Without these provisions, the court may have to decide who raises your children, leading to family disputes and potentially placing your children with someone you wouldn't have chosen.

Even if you're single with no dependents, an estate plan is critical, maybe even more so because it’s up to you to determine who will care for you, if you cannot care for yourself. You really don’t want to leave that to a judge to decide. Your plan will ensure your wishes are respected if you become incapacitated, designate who will make medical decisions for you, and specify how you want your assets distributed. This can prevent potential conflicts among family members and ensure your hard-earned assets go to the people or causes you care about most.

Remember, estate planning isn't about planning for your death; it's about planning for life, and the uncertainties sure to come. It's about taking control of your future and caring for the people and things you love, no matter your age.

Myth 4: Once I Create an Estate Plan, I'm Done

Another common misconception is that estate planning is a one-time event. In reality, your estate plan should evolve as your life changes. Major life events that might necessitate updates to your estate plan include:

Marriage or divorce
Birth or adoption of children
Death of a beneficiary or executor
Significant changes in your financial situation
Purchase of a home or other major asset
Starting a business
Moving to a different state

Even if you haven't experienced any major life changes, it's important to review your estate plan at least every three years, though we recommend you review your assets and how they are titled, annually. Laws change, and what was optimal a few years ago might not be the best strategy now. For example, the Tax Cuts and Jobs Act of 2017 significantly increased the federal estate tax exemption. If your estate plan was created before this change, it might need adjusting to take advantage of the new tax laws.

Regular reviews also give you a chance to reconsider your choices. Maybe the person you initially chose as your children's guardian is no longer the best fit. Or perhaps your financial situation has improved, and you'd like to include charitable giving in your estate plan.

Keeping your estate plan up-to-date ensures it continues to reflect your wishes and provides the best possible protection for your loved ones. Think of it as a living document that grows and changes with you, rather than a static set of instructions. It’s so important that we include regular reviews at least every three years in all our Life & Legacy Plans, and have systems to keep your plan up to date.

As we observe National Estate Planning Awareness Week, it's time to move past these myths and recognize the true value of estate planning. It's not a luxury for the wealthy, a complex process beyond your reach, or something you can put off until later in life. It's a fundamental aspect of responsible financial planning that everyone should consider. By creating and maintaining an estate plan, you're taking control of your legacy, ensuring your wishes are respected, and providing invaluable peace of mind for yourself and your loved ones. Don't let misconceptions hold you back – consult with a qualified estate planning attorney today and take the first step towards securing your future.

How We Help You Take Action Today

Don't let common estate planning myths prevent you from securing your future. As a Personal Family LawyerⓇ Firm, we help you create a comprehensive Life & Legacy Plan that goes beyond basic estate planning. We'll outline strategies for your assets, prepare for potential incapacity, and ensure your family is cared for, even if the unexpected happens. Our approach includes regular reviews to keep your plan current with life changes, and we even help capture family memories and traditions. With our guidance, you can rest easy knowing your wishes will be honored, your loved ones cared for, and your property protected.

Take the first step towards peace of mind - click here to schedule a complimentary 15-minute consultation and learn how we can help you create your personalized Life & Legacy Plan:

Schedule here!

This article is a service of Decker Guerra PLLC, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session™.

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Myth 1: Estate Planning is Only for the Wealthy

Myth 2: Estate Planning is Complicated and Expensive

Myth 3: I'm Too Young to Need an Estate Plan

Myth 4: Once I Create an Estate Plan, I'm Done

Decker Guerra Law Firm