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Planning When Times Are Good, vs. Waiting For A Tragedy To Happen

Many People Plan When Things Are Good.

It takes a special kind of person to do their estate planning when everything is going right and everyone is healthy: this person wants to protect their family and their investments. This person also has and is willing to spend money on something before they “have to.” Finally, this person is sufficiently realistic to realize that as terrible as it is, this planning WILL come in handy, sooner or later.

These people compose the majority of my clients. They invest in their future, enjoy peace of mind knowing they are prepared, and save time, money, and nerves when bad things happen.

More People Wait For Things To Get Bad.

A lot of people do not start looking for an estate planning attorney until something bad actually happens. This “something bad” is usually completely foreseeable – for example, I’ve never heard of a family trying to plan after the breadwinner was taken hostage in Iraq. No, usually it’s people getting into car accidents, or losing capacity from things like cancer, heart disease, and stroke. And THEN they – or rather, their family members – try to take care of their estate planning.

Why They Procrastinate.

Ha. Why people procrastinate is a million dollar question. It seems that everyone has their reasons, and frequently they are pretty random, based on negative, personal, past experiences.

If I had to come up with the most common reasons, they are the same as our objections to everything else: time and money. However, behind those is not believing that you’ll need estate planning (because you’re not going to die or have a stroke), and superstition-driven fear: once I do this, it’ll be my time to go.

Consequences Of Waiting.

Well, the consequences of not planning when things are good, and waiting until something bad happens are numerous:

Extra stress: If you wait, you know you NEED the plan. It’s hard to deny reality. And yet, you have so much more to worry about, then when things are going well…

Extra Cost: Lawyers charge extra for hospital visits. And lawyer time is expensive – especially when it needs to be coordinated with visitation hours and spouse’s availability.

Less Lawyer Options: when things are good, you can take your time and interview multiple attorneys to see whose personality, approach, and fees are best suited to your situation. At a time of an emergency, you are looking for anyone who’s willing to come to the hospital and execute the appropriate documents, NOW.

Reduced Planning Options: an “as good as it gets” plan, that covers everything, takes time and effort and energy to implement. If the client is very sick and has limited time to live, frequently the “as good as it gets” plan is no longer an option, and the family is forced to go with a “better than nothing” option.

Issues of Client’s Mental Capacity: the client must have certain mental capacity to execute an estate plan (the exact capacity required depends on the situation. It will be determined by the attorney at the time of planning, and sometimes the attorney will even need to bring in doctors to help determine whether the client is sufficiently aware to execute documents). Regardless, any illness with mental state effects, as well as drugs that the client is taking, will complicate the planning process at best, and will make it impossible to plan, at worst.

In Conclusion.

The conclusion is obvious: planning when things are good will save you and your loved ones time, money, energy, and will give you a peace of mind instead of a ton of additional stress when times are tough.

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TESTIMONIALS

We’ve been putting off getting our Trust, Living Will, Advanced Care directives, etc. in place due to the daunting and overwhelming amount of information out there. We did our basic homework and quickly realized that every attorney handles the process differently (i.e. questionnaires, information gathering, fees, etc).

After a one-hour consultation with Marina, we quickly understood what we needed to know about what we specifically needed to put in place and if we hired her exactly what would happen next to get that done. We also understood from that session exactly what her fees would be for her services which was very nice.

We had one follow-up information gathering call, one set of homework to make decisions and gather final information for those decisions, and one final meeting to sign all the paperwork. The process was simple, easy to follow, and completed much faster than we expected. Marina was very easy to work with and answered all of our questions promptly. She was also very flexible and accommodating in regards to scheduling meetings with us based on our schedules.

We would definitely recommend Marina for Estate Planning services and will gladly engage her in the future for any additional services that we may need.

– Samata P., Sunnyvale CA


I procrastinated about setting up a living will for years. After speaking with Ms. Modlin I realized how important it is for everyone to have one – especially someone with children (or in my case, one child). I was embarrassed at how little I knew about the legal process but she explained everything to me. She was very patient with me and my lack of organization.

I have referred a few others to her and they have all been pleased with her services as well.  Marina is a true professional who is passionate about her work, I highly recommend her!

– Vicki A., San Jose, CA


I had an Estate to settle in California: living in Canada, this was not a simple matter dealing with cross border attorneys, laws, rules and regulations. I didn’t know where to turn. I had a few names recommended to me, one of which was Marina’s.

Mine was not a simple matter, yet, after speaking on the phone and getting the details, she went out of her way to inquire and find out the information for me. She got back to me in a prompt manner as she promised (i deal with many attorneys in my business and trust me, this is more of an exception that a rule when they return your call or do anything promptly).

Marina knew that she the hours she spent researching may not necessarily lead to getting an account, yet she has invested herself in getting the answers for me (and I appreciated that she didn’t just make things up). She was courteous, professional, and honest and prompt…What more can anyone ask for from a professional.

If you are shopping around for a professional in this field, i can tell you this: you can’t go wrong with Marina

– Vlad B., Toronto, Canada

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