The Law Offices of Richard WingerdenThe Law Offices of Richard Wingerden2026-05-26T08:56:09Zhttps://www.wingerdenlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1103991/2021/07/cropped-favicon-32x32.pngOn Behalf of The Law Offices Of Richard Wingerden<![CDATA[How a U.S. government shutdown can affect your estate planning]]>https://www.wingerdenlaw.com/?p=495132025-11-04T17:42:01Z2025-11-04T17:42:01ZWhat is a government shutdown
A government shutdown occurs when the United States Congress fails to pass essential funding bills before the federal fiscal year begins on October 1. This action forces many federal agencies to halt work and only keep essential (or excepted) services, which in turn affects state and local offices.
What stops
Since the shutdown also integrates the Internal Revenue Service (IRS), the execution and verification of state planning is on hold. This means that some requests like filing Form 706 or obtaining an EIN will experience delays, as the IRS is currently just operating with only basic activities per their contingency plan. This also applies to other government agencies and local U.S. Federal Judiciary offices, which might have different contingency plans.
What continues
In any government shutdown, the work with attorneys and notaries continues as usual. However, keep in mind that there might be delays in deadlines and some legal processes like hearings for estate disputes, probate petitions, trust litigation and access to public records might face disruption. For instance, at the National Archives, only the Federal Records Center and a handful of other institutions remain operational.
What to do in the meantime
If you are in the middle of an estate planning process, you can still progress with the help of an attorney, even if Washington grinds down to a halt. Together, you can design a strategy that can benefit your best interests in the meantime.]]>On Behalf of The Law Offices Of Richard Wingerden<![CDATA[The role of digital assets in modern estate planning]]>https://www.wingerdenlaw.com/?p=495092025-10-07T17:08:02Z2025-10-07T17:08:02ZAccess can be challenging
Your estate includes a comprehensive digital life, which may consist of cryptocurrency, online accounts, email and social media. Without proper planning, these assets can become inaccessible due to password requirements and the provider's terms of service (TOS).
Access to digital assets in California is governed by the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). The law allows your executor or trustee to view the content of your electronic communications. However, you must grant explicit permission, either through an online tool provided by the custodian or in a legal document like a will, trust or power of attorney.
How to secure your digital legacy
You need a clear plan to ensure your digital property passes smoothly. Here are three vital steps:
1. Create a digital inventory
Creating a detailed, secure list of all your assets, providers and instructions is crucial.
List all online financial and business accounts.
Document every cloud storage or social media platform.
Outline your wishes for each asset: transfer, delete or memorialize.
Keep this inventory confidential. You should never store passwords directly within a will because these documents typically become part of the public court record upon filing for probate or administration. Instead, securely store them in an encrypted location and provide your fiduciary with access instructions.
2. Grant explicit authority
To ensure your fiduciary can manage or terminate all types of digital accounts and secure full access, particularly to the content of your electronic communications, your legal documents, such as a will, trust, or power of attorney, should include clear, explicit language granting this authority, as custodians may otherwise deny access based on a strict interpretation of privacy laws or TOS agreements.
3. Coordinate with online tools
Many major platforms offer their own features to manage accounts after your death. These tools are often referred to as a "legacy contact" or an "inactive account manager."
In California, instructions you leave using a custodian's online tool legally supersede and take priority over contrary directions in your will, trust or other legal document. You must ensure that the instructions in your estate documents align with your choices on these online platforms.
For high-value assets, such as cryptocurrency or NFTs, proper planning is essential. If you lose your secure private keys or wallet information, these assets become permanently unrecoverable.
Protect your digital future
Digital assets may constitute a significant part of your total wealth and personal history. By proactively planning for them, you prevent confusion, loss and disputes for your family. Do not let complex technology erase your legacy.
Guidance from a skilled estate planning attorney is essential when reviewing or creating a plan that is fully RUFADAA-compliant and secures all your digital holdings.]]>On Behalf of The Law Offices Of Richard Wingerden<![CDATA[What is an ethical will, and why should you write one?]]>https://www.wingerdenlaw.com/?p=495072025-10-01T07:49:26Z2025-10-01T07:49:26ZDefining an ethical will
An ethical will lets you share values, beliefs and personal guidance in your own words instead of distributing property or finances. Jewish families first used them to record blessings and life lessons. Today, people of all faiths and backgrounds write them to preserve more than material wealth.
The purpose of an ethical will
An ethical will gives your loved ones a clear sense of who you are, not just what you own. By capturing life lessons, family stories and words of encouragement, you create a record that guides future generations in making decisions and handling challenges. It also carries forward the values that shaped your life.
How ethical wills complement estate planning
Ethical wills strengthen estate planning because they explain the meaning behind the assets you leave and add clarity that legal documents alone cannot provide. A will or trust divides your estate, but it does not explain why you made certain gifts or what values guided those choices. An ethical will fills that gap by giving your heirs context that reduces confusion and conflict.
Steps to create your own ethical will
You create an ethical will by writing a letter, recording a message or compiling stories and advice. The key is to keep it authentic and personal. Start with a few core values you want remembered and describe experiences that shaped them. Keep updating the document as your perspective changes, and store it with your estate planning papers so your loved ones can find it when they need it.
Leaving a legacy that lasts
Writing an ethical will ensures your family remembers not only your possessions but also your principles. When you take time to create one, you give future generations a guide that carries your voice, your lessons and the meaning behind the life you lived. It can sit naturally alongside the legal planning you already put in place.]]>On Behalf of The Law Offices Of Richard Wingerden<![CDATA[Choosing between a revocable trust and a will]]>https://www.wingerdenlaw.com/?p=494822025-09-29T19:51:29Z2025-06-21T15:41:49ZThe function of the document
A will is a testamentary instrument that takes effect when a person dies. The testator has to draft documents in advance while they are still relatively healthy and aware of their circumstances. Creating a trust typically also needs to occur while someone has testamentary capacity. A trust is a separate legal entity that exists to manage and distribute resources. A trust can outline who inherits property from the trust when the trust creator eventually passes. Both wills and living revocable trusts are modifiable, which means that people can adjust them as their needs shift.
Who controls resources
When an individual uses a simple will as their testamentary instrument, their beneficiaries typically take direct control of inherited property. Once they receive the resources from the personal representative administering the estate, they can choose to do what they want with those assets.
A trust, on the other hand, can impose certain restrictions or requirements on asset distribution. For example, the testator can instruct the trustee to only allow distributions for certain types of expenses. They can require that the trustee make payments to third parties instead of distributing assets directly to beneficiaries. These arrangements can be particularly useful when beneficiaries might misuse their inheritance or are vulnerable to the influence of outside parties.
Probate matters
Assets addressed in a will become part of an estate. They are subject to creditor claims and probate court oversight. While the probate courts can also play a role in trust administration, assets used to fund a trust may have some protection from creditor claims.
Trusts can also separate the trust creator from their resources, which may help them qualify for Medicaid benefits later in life or protect their resources from litigation. Trust can be particularly beneficial for those worried about collection activities or Medicaid coverage. They can also be helpful for those concerned about estate taxes. Wills and revocable living trusts often work well in conjunction with one another.
Factors including the value of an individual's assets, the degree of conflict within their families and their personal preferences regarding their lasting legacy may influence whether a trust, a will or both might be the best option. Reviewing estate planning needs at length with a skilled legal team can help people make reasonable decisions regarding the creation of wills and trusts.]]>On Behalf of The Law Offices Of Richard Wingerden<![CDATA[The importance of HIPAA authorization when estate planning]]>https://www.wingerdenlaw.com/?p=494802025-09-29T19:51:53Z2025-06-19T10:34:46ZThe law limits access to medical information
For more than two decades, strict federal rules have limited who can access information about an individual’s medical history. The private medical information of an individual is subject to strong legal protection, and medical professionals risk citations and other penalties if they violate the law.
Under the Health Insurance Portability and Accountability Act (HIPAA), health care providers cannot share the private medical information of any person with others with a few exceptions. Parents can typically access information about minor children, and spouses can access one another's medical records in emergency scenarios.
Anything beyond that generally requires prior written authorization. Even in an emergency where a person becomes incapacitated, their parents, siblings, children and other family members may not be able to review information about their medical history.
Those establishing comprehensive estate plans that include powers of attorney and other advance directives may need to consider adding a HIPAA authorization form. They can grant the person they appointed as their agent or attorney-in-fact access to their private medical information in an emergency scenario.
In some cases, it may be necessary to authorize multiple separate people in case the person nominated as the primary candidate is not available when an emergency arises. HIPAA authorization documents can make a major difference for the person who must make health care choices for an incapacitated person.
Adding HIPAA authorization documents to a robust estate plan can help to ensure that family members can make informed decisions in a medical emergency. Access to medical records can be critical when other people have to make decisions about the treatment that someone receives.]]>On Behalf of The Law Offices Of Richard Wingerden<![CDATA[How to prepare for an estate planning consultation]]>https://www.wingerdenlaw.com/?p=494772025-09-29T19:53:06Z2025-06-18T07:09:34ZMeeting with an estate planning attorney can feel like a big step — and it is. Whether you are updating an old will or starting from scratch, preparing ahead of time helps you make the most of the conversation. When you show up with clarity and intention, you leave with answers that make sense for you and a plan that actually fits your life.
Get clear on what you want to accomplish
Start by thinking through your goals — maybe you want to protect your home, pass assets to your kids or avoid the headaches of probate court. Or maybe you're just tired of wondering what would happen if something unexpected came up. Once you know what you're hoping to walk away with, it becomes easier to guide the conversation and get the kind of help that actually moves you forward.
Gather your important documents ahead of time
You don't need to bring a perfect binder, just pull together what you have, which might mean an old will, bank or investment account summaries, life insurance policies, real estate deeds or even a handwritten list of your assets and debts. The goal is not to impress anyone; it's to give your attorney enough context to spot any gaps, ask better questions and start building the right tools for your situation.
Write down your biggest questions or concerns
If you've been sitting on questions, now it is the time to bring them into the open. Are you unsure who should make decisions if you're not able to? Not clear on how trusts work or whether you even need one? Write those concerns down before the meeting so you don't forget them mid-conversation, especially if you tend to nod along when the details get overwhelming.
Set specific goals for the meeting
Having big-picture intentions is great, but you'll also want to think about what "success" looks like for this first meeting. Do you want to understand your options, figure out how to protect a specific asset or leave with a plan for what to do next? Naming those expectations upfront gives your attorney a clearer direction and helps you leave with more than just information.
Your next step starts here
Now that you know how to prepare, the next step is simple: show up ready to ask, share and decide. An estate planning consultation isn't just about documents — it's also about clarity, confidence and making choices that reflect what matters most to you. So take your time, come prepared and know that it's okay to ask for guidance as you go.]]>On Behalf of The Law Offices Of Richard Wingerden<![CDATA[Navigating trust administration: A guide for trustees]]>https://www.wingerdenlaw.com/?p=494752025-09-29T19:53:55Z2025-06-04T20:24:15ZWhat does trust administration involve?
Trust administration involves several key steps, each requiring careful attention to detail and adherence to legal standards. Administration involves:
Reviewing the trust documents: Start by carefully reading the trust documents to know the terms, distribution plan, beneficiaries and any special instructions from the person who created the trust.
Notifying beneficiaries: Talk to all beneficiaries about the trust and their rights. Being open is important to keep trust and stop disputes.
Inventorying and valuing assets: Make a complete list of the trust’s assets, like real estate, stocks, bonds and personal property. Make sure appraisals are accurate to find out the trust's total value.
Managing assets: Watch over the investment and management of trust assets to make sure they grow or stay stable as the grantor wanted. This may mean making financial decisions and changes due to market shifts.
Paying taxes: File tax returns and pay any taxes due. Trustees need to know federal and state tax laws that affect trusts and follow them to avoid penalties.
Distributing assets: Carry out the asset distribution to beneficiaries as stated in the trust documents. This step needs precision and fairness to make sure everyone gets their rightful share.
Besides these tasks, trustees have a duty to act in the best interest of beneficiaries. They must prioritize beneficiaries' interests above their own, manage assets wisely and treat all beneficiaries fairly.
What challenges might trustees face?
Trustees may encounter various challenges, including:
Disputes among beneficiaries: Conflicts may arise due to perceived unfairness or misinterpretation of the trust documents.
Complex asset management: Managing the assets in a trust may involve making decisions based on volatile markets.
Legal and tax requirements: Keeping up with changes in laws can be demanding.
Trustees can avoid these problems by keeping detailed records of all transactions and communications related to the trust and regularly updating beneficiaries to reduce dispute risks. Working with an attorney who knows estate law can help trustees make complex decisions and meet all obligations.
Trustees can perform these complex tasks with confidence
Trust administration is a process that needs careful planning and adherence to legal standards. By understanding the duties and possible challenges, trustees can manage and distribute assets with skill and integrity.]]>On Behalf of The Law Offices Of Richard Wingerden<![CDATA[Why do young adults need an estate plan too?]]>https://www.wingerdenlaw.com/?p=494712025-09-29T19:54:11Z2025-05-30T08:21:03ZYou might think estate planning is for older people with homes, kids and investments. But even if you’re young and just starting out, having a plan matters. Life is unpredictable. An illness or accident could leave you unable to speak for yourself or manage your finances. Estate planning makes sure your voice is still heard.
Planning ahead can bring peace of mind—and it doesn’t have to be complicated. You don’t need to be wealthy to start. And you don’t need to go it alone.
Estate planning helps when life takes a turn
Accidents, illnesses and emergencies don’t wait until you’re ready. Without a plan, decisions about your medical care or finances might fall into the hands of the court or family members who may not know what you want. A basic estate plan covers key needs, even if you’re single or just starting your career.Important documents to consider include:
A power of attorney for finances, naming someone you trust to handle money matters if you can’t.
An advance healthcare directive, which lets doctors know your wishes for care.
A HIPAA release, allowing chosen people to access your medical records.
These tools can help protect your health, your privacy, and your peace of mind.
Starting early avoids the risks of waiting too long
Some people think estate planning can wait until they’re older or have more money. But waiting can create problems. If you develop a serious illness or lose the ability to make decisions, it might be too late to set your wishes down clearly. The court could assign someone to act for you, even if that’s not who you would choose.At the same time, starting early can feel strange. You might not think you own enough or worry the process is complicated. But a lawyer can help you create a plan that fits your current life stage and adjust it later as your life changes.
A small plan now can grow with you
Estate planning isn’t a one-time event. It changes with your life. The plan you make today can grow with your career, relationships, and goals. Starting small now gives you a strong base to build on later. It can also teach you how to think ahead about what matters most.So yes, young adults need estate plans too. Estate planning is about control, safety and peace of mind. If you’re ready to talk about a plan that fits your life now and grows with your future, reach out to a local estate planning attorney who listens and helps you make confident decisions.]]>On Behalf of The Law Offices Of Richard Wingerden<![CDATA[How surprise family members could affect a will]]>https://www.wingerdenlaw.com/?p=494652025-09-29T19:54:49Z2025-04-12T16:59:28ZHalf-siblings have inheritance rights
Parents sometimes assume that their children and surviving spouses can work out how to share their assets when they pass. A significant portion of adults do not have any estate plans on record. Without a will or trust, family members rely on the probate courts to allocate property in accordance with state statutes.
Under current state law, half-siblings have the same inheritance rights as full siblings after a parent passes. Simply put, children from extramarital affairs or prior relationships could show up after a parent dies and demand a portion of the estate.
In some cases where a parent had the foresight to establish a thorough estate plan, their will or trust documents can help prevent those surprise heirs from claiming assets intended for their immediate family members. Without an estate plan, those who can prove a direct familial relationship with the decedent may be able to request a share of the estate during probate proceedings.
Occasionally, if there is evidence that the parent may have known about the half-siblings although the rest of the family did not, the surprise heirs might even be able to contest a will. They might claim that their exclusion was an error or omission on the part of the testator before their death. Otherwise, they may have to accept the terms set in a will or other testamentary instrument.
Thorough estate planning is one of the best ways to avoid a scenario in which half-siblings and other family members undermine an individual's legacy and impact how other people remember them. Discussing family circumstances honestly well in advance can help individuals avoid scenarios in which prior mistakes or relationships come back to haunt a family years later.]]>On Behalf of The Law Offices Of Richard Wingerden<![CDATA[Why drafting an advance health care directive is so important]]>https://www.wingerdenlaw.com/?p=494552025-09-29T19:56:33Z2025-02-19T13:07:54ZAdvance directives take pressure off of families
In an emergency scenario, family members often panic. They aren't sure what steps to take next. When health care professionals ask them to make decisions about medical care or anatomical gifts, they may have a hard time making a choice.
Even if the incapacitated person expressed their preferences at length, it can be difficult to recall that information while under intense stress. Family members don't have to feel anxious when they have an advance directive to reference. It includes clear explanations of an individual's medical preferences so that family members can feel confident about the choices they make.
People can choose their own agents
Designating a specific individual to make health care decisions can be important during times of incapacitation. The standard advance health care directive document used in California allows the testator or principal drafting the document to select someone other than a spouse to make decisions about their medical care.
Medical power of attorney can be crucial in an emergency. It also helps take the pressure off of immediate family members, including spouses, who may struggle to assert themselves in an emergency scenario. Particularly in situations where close loved ones may feel conflicted about medical preferences, the right agent can make all the difference.
Most people establishing an estate plan benefit from expanding it to address medical emergencies as well. Those preparing for retirement or coming to terms with a recent medical diagnosis may have an additional incentive to address their future medical support needs. Adding an advance health care directive to an estate plan can be a smart decision for people in a variety of circumstances.]]>