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SBA Office of Advocacy

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Created by Congress in 1976, the Office of Advocacy of the U.S. Small Business Administration (SBA) is an independent voice for small business within the federal government. Appointed by the President and confirmed by the U.S. Senate, the Chief Counsel for Advocacy directs the office. The Chief Counsel advances the views, concerns, and interests of small business before Congress, the White House, federal agencies, federal courts, and state policy makers. Economic research, policy analyses, and small business outreach help identify issues of concern. Regional Advocates and an office in Washington, DC, support the Chief Counsel’s efforts.   As the federal office responsible for examining the contributions and challenges of small businesses in the U.S. economy, we are constantly looking for answers to small business questions—those that intrigue researchers, challenge business organizations, enlighten policymakers, and vex small business owners. Reference materials published annually include small business profiles for each of the 50 states and U.S. territories, quarterly small business indicators, and The Small Business Economy report.   Advocacy attorneys work within the government, educating regulators about their obligation to consider how small entities will be affected by federal regulatory proposals. The Regulatory Flexibility Act (RFA) and Executive Order 13272 require federal agencies to determine the impact of their rules on small entities, consider alternatives that minimize small entity impacts, and make their analyses available for public comment. The Office of Advocacy gives small firm owners and their representatives opportunities to make their voices heard about rules that affect their interests. Annually, the Office of Advocacy helps small businesses save billions in regulatory costs.   Recognizing that state and local governments can be a source of burdensome regulations, the Office of Advocacy works with policymakers to bring regulatory flexibility to the states. Many states have enacted legislation or taken other steps to strengthen regulatory flexibility for small businesses. Giving small employers a voice early in the process is key to reducing the small business impact of state regulations while increasing regulatory compliance and passing on cost savings. Our Regional Advocates in the 10 SBA regions stand ready to hear from you about small business concerns and to help you level the playing field for small businesses in your state.

Website: http://www.sba.gov/advocacy/7496/260591

What We Inherit From Parents and Attitudes It Creates

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“Happy families are all alike; every unhappy family is unhappy in its own way.” -Tolstoy, Anna Karenina

Have you read Jonathan Franzen’s new novel, “Freedom”? It has the dubious distinction of being one of Oprah’s Book Club selections and receiving a devastating review in The New Republic.

There being no such thing as bad publicity, the breadth of comment and reaction in many venues at many levels of criticism and approbation has it firmly ensconced on the New York Times best-seller list. The main plot, the train wreck of a marriage between Patty and Walter Berglund and all the collateral damage caused to other family members and friends, I will leave to your reading.

The Berglunds are liberals during the George W. Bush administration and raise a family, have affairs, destroy relationships and generally wreak havoc. As Ruth Franklin, writing for The New Republic says, Freedom is a “The Way We Live Now” novel in which, as in Trollope’s novel of that title, the perfidy and moral vacuity of the age are laid bare. “Mistakes were made.”

Near the end of the book, Patty Berglund’s mother, Joyce, is trying to make an estate plan. She is a widow and owner of a family estate her husband inherited from his father.

Spoiler Alert: The story that follows about Patty’s family is near the end of the book. You may want to wait and read the book. On the other hand, in truth, this particular vignette has precious little to do with the rest of the book; and you won’t really be spoiling anything.

What is Joyce’s problem? Her children and other family members are pressuring her. Her son Edgar, his wife and numerous children live in the estate, which has fallen into grave disrepair. They live there rent free, of course. This son has produced Joyce’s only grandchildren. He threatens that he, his wife and the precious grandchildren will relocate to a settlement on the West Bank in Israel if he doesn’t get his way.

Patty’s two sisters, Abigail and Veronica, who were the favorites while Patty was growing up, have failed to become self-supporting and count themselves entitled to mother Joyce’s support.

Patty hasn’t been part of the family for years — since the first Thanksgiving after she married Walter. Now she is back in the picture trying to broker a deal. But of course, she and her children aren’t in line for part of the inheritance — she has been the family black sheep for too long.

Also in the picture are Joyce’s two brothers-in-law. Her husband received the family estate from his parents. The other two brothers were left other assets in the will but, regrettably, these declined in value and were worthless when they were inherited. Joyce feels they may have a moral claim on part of the family estate.

What is the inheritance here? False claims of entitlement, emotional blackmail, long-held grudges, greed, and jealousy. Who is the property owner? That would be Joyce. Does anyone care, does anyone even ask, what she wants? Joyce is paralyzed by the conflicting demands, so does nothing? This is always making a decision in itself. By doing nothing she is choosing to let New York’s intestacy statute apply, dividing the estate equally among the four children. And who is to say that is not the best thing?

From generation to generation: what is the legacy for Patty and Walter’s two children? That selfishness and cruelty continue down the family tree? That people are really “selfish and shortsighted and egotistical and needy.” Will Walter make sure that his children get the lake cottage he inherited from his mother? Will one of the children demand that they get all of it — cutting off a sibling in juvenile rivalry?

And you, what will you do with your estate? Are you avoiding making decisions because you know the children will be “unhappy?” Are you planning your dispositions secretly, so the bomb will go off after the funeral when the will is read?

By Patti S. Spencer, Staff Writer

Concerns of a Trustee, a Valuable Interview

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Q: Do your parents have a trust? A: Yes

Q: Do you know where the trust document is? A: Yes

Q: As your parents are getting up in years, what are your main concerns? A: Will I have enough money to take care of them or do they have enough money?  What will be my costs for supporting them if I need to?  Are their assets protected fromt he state or goverment, or prtoected from family members who they don’t want to have it?

Q: Do you have a copy? A: Yes

Q: What have they told you about it? A: Not much, I am the Executor and in charge of everything.

Q: Do you know what it means to be an Executor? A: Yes, to read out the document and make sure my parents’ wishes are carried out.

Q: Do you know Executor’s have specific fiduciary responsibilities? A: No

Q: Would it be helpful for you to have information that explains these responsibilities? A: Yes, as long as it was not too long ot in terms which are hard to understand.  I would like to know what’s expected of me.

Q: Do you have siblings? A: Yes

Q: Do you anticipate conflict with your siblings? A: For the most part, no.  I anticipate we could have frustrations over how to handle things, but nothing major.  My parents trusted that I could handle it best out of all kids.  My plan is to disperse everything evenly, without conflict…if possible.

Q: Do you feel added presure or burden for being the Executoe, especially because your siblings are not? A: Yes

Q: Do you know what Settlement means? A: Sort of. I have a basic understanding.

Q: Where would you turn for settlement help? A: An attorney

Q: Did you know a CPA could be needed for settlement? A: No

Q: Do you know all of your parents assets or have you seen a list of all their accounts? A: No but I have a decent idea.

Q: Do you know the name of your parents’ financial advisor? A: Fidelity

Q: Anyone at Fidelity specifically? A: No

Q: Do you know the firm or name of the attorney who drafted their trust? A: No

Q: If you have any questions about the trust document, where would you turn? A: An attorney

Overview of Tennessee Inheritance Tax Laws for 2013

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Understanding How Tennessee Inheritance Taxes Affect an Estate
By Julie Garber, About.com Guide

If you live in Tennessee, then you live in one of a handful of states that collects a state death tax. The estates of Tennessee residents who die in 2013, as well as the estates of nonresidents who own real estate and/or tangible personal property located in Tennessee, are subject to a state death tax under the following guidelines.

NOTE: State laws change frequently and the following information may not reflect recent changes. For current tax or legal advice, please consult with an accountant or an attorney since the information contained in this article is not tax or legal advice and is not a substitute for tax or legal advice.

Estate Tax vs. Inheritance Tax

While the Tennessee death tax is referred to as an “inheritance tax” in the Tennessee legislative code, it is really an estate tax since it is collected based on the value of the overall estate located in Tennessee (hence, a true “estate tax”); it is not a tax that is collected based on who actually inherits the estate located in Tennessee (a true “inheritance tax”).

Interestingly enough, the Tennessee legislative code also provides for an “estate tax,” which is actually a type of “pick up tax” that was tied to the amount of federal estate tax that was collected from the estates of decedents who died before 2005.

Since the Tennessee legislative code refers to both an inheritance tax and an estate tax, this article refers to the death tax that is currently collected under Tennessee law as an “inheritance tax,” even though the tax is assessed against the assets located in Tennessee and not against the individual beneficiaries who inherit the estate.

When is an estate subject to the Tennessee inheritance tax in 2013?

For Tennessee residents, an estate may be subject to the Tennessee inheritance tax if the total gross estate exceeds $1,250,000.

For nonresidents of Tennessee, an estate may be subject to the Tennessee inheritance tax if it includes real estate and/or tangible personal property having a situs within the state of Tennessee and the gross estate exceeds $1,250,000.

Note: In May 2012, legislation was enacted which will phase out the Tennessee inheritance tax by 2016. See more on this below in the section titled “What is the future of the Tennessee inheritance tax?”

What Tennessee inheritance tax forms must be filed?

All estates with a gross value that exceeds $1,250,000 must file a Tennessee inheritance tax return, Form INH-301, even if no Tennessee inheritance tax will be due as a result of applicable deductions and exemptions.

Are transfers to a surviving spouse taxable?

Outright transfers to a surviving spouse are not taxable.

For married couples who have used AB Trust planning to reduce their federal estate tax bill, a Tennessee inheritance tax may be due on the B Trust after the first spouse’s death if there is a gap between the Tennessee inheritance tax exemption and the federal estate tax exemption. Nonetheless, a married decedent’s estate can make an election on Form INH-301 to treat property as marital deduction qualified terminable interest property (“QTIP”) for purposes of calculating the Tennessee inheritance tax. Thus, married Tennessee residents can defer payment of both Tennessee and federal death taxes until after the death of the surviving spouse using ABC Trust planning.

When are the Tennessee inheritance tax return and tax payment due?

Form INH-301 must be filed and any inheritance tax due must be paid within nine months after the decedent’s date of death unless an extension of time to file the return and pay the tax is granted. An extension of time to file Form INH-301 may be requested for up to one year by filing Form INH-304, Application for Extension of Time to File Inheritance Tax Return. Nonetheless, even if an extension is granted, it will not delay the time for payment of any inheritance tax that may be due.

Where is the Tennessee inheritance tax return filed?

Mail the Tennessee inheritance tax return, Form INH-301, and all other required forms to:

Tennessee Department of Revenue
Andrew Jackson State Office Building 500
Deaderick Street
Nashville, Tennessee 37242-0600

What are the Tennessee inheritance tax rates?

Anything over the $1,250,000 Tennessee inheritance exemption for 2013 is taxed at the following rates:

Where can I find additional information about Tennessee inheritance taxes?

For more information about Tennessee inheritance taxes and estate taxes, refer to the Tennessee Department of Revenue’s Inheritance Tax webpage, Guide to Tennessee Inheritance and Estate Taxes, and Inheritance Tax Guide.

For assistance with Form INH-301 and Tennessee inheritance tax questions, call the Tennessee Department of Revenue toll free (in state only) at 800-342-1003 or 615-253-0600.

For information about the rules that apply to the estates of decedents who died in 2012 and prior years, refer to Overview of Tennessee Inheritance Tax Laws for 2012 and Prior Years.

The Living Trust book

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The Living Trust book, by Henry Abts, III “The Bible on How to Avoid Probate” Over 1 million copies sold

The Living Trust book was written by Henry Abts III, founder of The Estate Plan. The Living Trust did not just materialize overnight. The seeds germinated for many years, he was influenced by situations that he encountered through personal experiences as well as a host of situations specific to his clients. Meeting with thousands of clients gave Henry the opportunity to address their technical questions in terms they could understand. When the clients asked for written information to forward to their parents in Florida, or to their children in New York, he began writing his experiences down. As the years passed, many of Henry’s clients, and eventually a publishing agent, asked him to write a book about the Living Trust in layperson’s terms. They felt he had a way of explaining complex concepts in simple and understandable terms. The Living Trust took four years of writing and a year of editing and was first published in June 1989. The book immediately became a nationwide success. It was updated in 1993, 1997, and in 2002, and more than one million copies have been sold.

The Living Trust : The Failproof Way to Pass Along Your Estate to Your Heirs

• The Living Trust makes the old-fashioned will obsolete
• Includes information on the estate tax, the gift, and the generation-skipping tax
• Eliminates estate-devouring probate charges and attorneys’ fees
• Guarantees a timely distribution of funds to your heirs
• Assures that no one may contest or overturn your wishes regarding disposition of your estate
• Shows how to protect your business, savings, and retirement from frivolous lawsuits
• Legally valid in all fifty states

A Living Trust is a simple, inexpensive legal alternative that eliminates the costs and delays of probate and ensures that your loved ones will receive their inheritance promptly and exactly as you intended. The Living Trust- the bible on how to avoid probate- will show you how to take full advantage of this critical estate planning tool. The updated edition of The Living Trust includes the latest information on trust formations, tax changes, distribution rules, and more. It also offers:

• Insight into abuses within the probate system
• Advice on how to protect your business, savings, and retirement funds from frivolous lawsuits.
• The effects of the Economic Growth and Tax Reconciliation Act of 2001 on estate tax, gift tax, the generation-skipping tax, and stepped-up evaluation.

Sample and ancillary documents, including estate preservation and tax-saving documents, a living will, and costs of a Living Trust, all updated to reflect the latest tax changes and Living Trust requirements.

You may think your heirs have been well provided for, but did you know that:

• Your loved ones may have to wait more than two years before receiving a penny from your estate- even though you left a legally valid will?
• Costs of probating your will may eat up more than 10 percent of your estate- money your heirs will never receive?
• The specific instructions of your bequest may be contested or changed completely- even though clearly spelled out in your will?
• A will cannot help you in life. If you become incapacitated or your judgment comes into question, it becomes a matter for the courts to decide and is a very public process.

OUR GIFT TO YOU

View a portion of the book by clicking on the links below.

Chapter 1 – Lest We Forget

Chapter 2 – The Agony Of Probate

Appendix A

~ “The Living Trust is unquestionably the layman’s most nearly complete source on living trusts…Recommended reading for anyone who wants to maximize his net estate left to heirs, speed asset distribution after death, avoid will challenges, minimize estate costs, and maintain privacy.” -Robert Bruss, Esq., and nationally syndicated real estate columnist, Chicago Tribune

Click Below to Get Your Copy Now! 

If you were gone – what would happen to your kids?

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Who’s the nominated guardian for your kids? How did you decide on that person?

Estate planning (i.e. having a Will, enduring power of attorney, health directive, etc) is a vitally important part of a good financial plan. It determines what happens to your stuff if something happens to you. I’m going to cover wills, life insurance and so forth over the next few blogs and today I thought I’d look at one specific area of estate planning: nominating guardians for your kids. In other words, who would look after your kids if you and your partner passed away?

Well over 60% of parents with children under the age of 18 don’t have a Will. So that means that while you might be comfortable assuming that your parents or sister or best friend will happily take on the responsibility of your kids if you died – things might not necessarily work out that way. And if it hasn’t been pre-planned then the transition is going to be way more chaotic than it needs to be – which is a huge emotional face-slap to be giving your kids at what would be an already devastating time for them.

So – who to nominate as guardian? It’s not a decision to make lightly. Obviously there’s never a perfect solution, but some considerations include:

•Financial. Can your preferred guardian afford to look after your children or would it place them in financial stress? (I’m going to talk about life insurance next week, which is the easiest way to overcome this issue. It’s important, with a recent ING report called “Picking up the Pieces” finding that losing a parent as a child was not only devastating, but caused further detriment psychologically, educationally and socially, if financial stress was added to the equation.

•Age. What is the current age of your preferred guardian? Would they have the maturity to care for your children if something were to happen to you tomorrow and are they at an appropriate life stage to do so? Conversely, are they young enough to cope with the care of your children not just now but over the next 18 years?

•Lifestyle. Will your preferred guardian be willing to instill in your children the values and outlook that are important to you?

•Geography. Obviously this can change suddenly, but at the moment is your preferred guardian likely to live in a location that would enable your children to retain contact with other friends and family members?

•Family considerations. It is important to consider and acknowledge the competing demands of the guardian’s own children. What if they don’t get along? If it changes the “pecking order” in the house? While many people choose a family member to act as guardian, that doesn’t have to be the case and depending on your family circumstances it may not always be practical. Some people choose a family friend instead on the understanding that their children will maintain constant contact with family members. At the end of the day the choice of guardian may be influenced by what you feel will be best for your child, irrespective of familial ties (which is a nice way of saying that if your nearest relative has a gambling problem, drug problem or you simply don’t get along with them then blood doesn’t necessarily have to be thicker than water), although it is always good if family are aware of your decision and understand the reasons for it.

And don’t forget that you can always change it (and in fact should review it from time to time). The most important thing though is doing it to start with. So – have you nominated guardians for your kids? If so, who did you choose? And why?

Three Documents You Shouldn’t Do Without

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Nobody plans to get crippled by an accident or immobilized by a terrible illness, but these sudden life-changing events do happen. In estate planning there are three particular documents individuals need to ensure they have a say in who manages their finances and health care should they become incapacitated. Failure to secure these documents could significantly reduce the amount that eventually goes to your loved ones or even break a family apart. Here we outline some problems that result from poor estate planning and demonstrate the importance of 1) a durable power of attorney, 2) medical power of attorney and 3) a living will.

The Hardships of Negligence 

Here’s an example of how inadequate estate planning can put loved ones in a painful position.

After her husband died, eighty-nine year-old Thelma did not think it was necessary to meet with an attorney to review her estate plan. Thelma had always managed her own finances and never told her four children how much she was worth and where it was invested. Her plan was simply to have the children split the estate equally as specified in her twenty-year-old will.

One month before her birthday, Thelma had a severe stroke and ended up in a nursing home. One of her daughters, Sally, was a stay-at-home mom and lived close by, so she took on the job of managing her mother’s finances. After five months, Thelma’s mental capacity was less than 40%, with no improvement expected.

At $170 per day, the nursing home expenses were mounting up, and Sally was under pressure to pay them. Plus she had to worry about ongoing bills to maintain her mother’s house. However, Sally could not access her mother’s accounts. Desperate, she went to court seeking legal guardianship over her mother. But her siblings protested. They claimed that Sally was out to gain control of the money for her own use. Disgusted, Sally dropped the petition. The court declared Thelma incompetent and assigned a guardian to handle her affairs.

Thelma hung on for two years until she died. By that time, much of her hard-earned dollars had gone to attorneys and her guardian. And Medicaid had to pay her last six months’ worth of nursing-home bills. Furthermore, her children were irrevocably divided over the guardianship issue. This is no doubt the opposite of what Thelma wanted for her family.

Avoid Estate Depletion 

Here’s what you can do to avoid putting yourself or your loved ones in the same position as Sally. A durable power of attorney lets you arrange for someone you choose, called your “attorney-in-fact”, to manage your finances.

A Power of Attorney can be effective immediately or have a springing power, applying only when a certain event takes place, such as incapacitation from an injury or illness. You can specify how the event is defined, for example, by the declaration of a doctor or even two that you are unable to make financial decisions.

With a power of attorney, you can insist on the amount of control your attorney-in-fact will have over your finances. This authority could include:

Making gifts
managing a business
paying household bills
buying and selling assets
handling retirement accounts
collecting government benefits
completing income tax returns

You choose who takes on this job. It could be a family member, close friend or your attorney or accountant. But make sure that it is someone trustworthy and competent with managing their own finances. Be sure also to select an alternate just in case the first person pre-deceases you or is unable to handle the responsibilities.

Avoid Family Breakup 

There are two more documents that can prevent confusion and mistrust between family members.

A medical power of attorney – also called a health-care proxy, medical directive or durable power of attorney for health care – gives whomever you select the legal authority to make medical decisions for you when you can no longer make them yourself.

A living will offers exact instructions for your doctors and family regarding the continuation of your life by artificial means or heroic measures. In cases where there is little certainty of the desires of a person in a vegetative state, a medical power of attorney and living will can help eliminate grief and dispute between family members.

Although living wills are used throughout the country, there are no universal forms spanning all states. And the law on honoring an advance directive between states is unclear. Some states will respect the different laws of the state where the document was drafted. Others might not. In addition, the documents’ titles from state to state (or country to country) might differ. Problems with advance directives can pop up when you had your living will drafted in your home state (or country) and the state you are in:

makes you use their statutory forms specifies which types of advance directives they will honor require certain conditions are met before your instructions are followed will not recognize documents that do not include person’s signature who is to make the medical decisions for you

If you spend a great deal of time in a state other than your home state, you may wish to consider having your advance directive meet the laws of both states as much as possible.

George D. Lambert

Those Who Don’t Know Exactly What a Trust Is – Class 101

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The “Living Trust” term comes from the Latin “Inter Vivos” which means “during life”. This phrase is used to refer to the making of a gift while a person is still alive, unlike a bequest in a will. So a Living Trust or Inter Vivos Trust is a property controlling entity that is created and goes into effect while you are still alive, and will remain as long as you want it to, after your demise.

Trusts date back to the days of European Kings and conquerors during the Middle Ages. It seems that when a knight went off to fight in faraway lands for his King, the very same King often had the bad habit of taking over the management of any property owned by the knight. Eventually, the King would claim ownership of the property, considering it as payment for the management services rendered. Since some of these wars lasted for many years, the knight would come to nothing!

But, when the knights discovered Inter Vivos Trusts and placed their property in them before going away to war, they secured greatly enhanced asset and property protection. The Trust was an organized, legal vehicle complete with an appointed Trustee. Back then, the church was the Trustee of choice for the best chance of getting the property back later. This Trustee was given the responsibility and power to manage the property and defend it from any claims of abandonment or other false claims the government might have made against it.

Eventually, the concept of the Living Trust migrated across the Atlantic. In 1765, Patrick Henry (who was not a lawyer) became the first to write a Living Trust in the New World. The Trust was written for Robert Morris, Governor of the Virginia colony. Interestingly, his Trust, the North American Land Company, is still operational today!

However, for most of the history of the United States, Living Trusts were not very popular with the mainstream population. This was because in modern times (the birth of the IRS), a separate trust tax return was required each year for all Trust holders which is known as IRS Tax Form 1041. Fortunately in 1981, congress passed a law that allows all American taxpayers to draft a Trust and no longer be required to file a separate Trust tax return (as long as you remain competent and in charge of your trust estate). That opened up the floodgate for this very popular legal estate planning vehicle here in the United States. It is being utilized today by younger and younger generations. (I have written trusts for executives still in their 20’s!)

Prior to this huge IRS tax law change the Living Trust concept was usually used only in cases of vast riches. You can bet that most of the past relatives of families such as the Kennedy’s, Vanderbilt’s, and Rockefellers, had either a Living Trust or a Testamentary Trust in their Will when they died. (A Testamentary Trust is just a trust that is born upon your death and controls your money and property for the sake of your surviving heirs.)

When the tax law first changed, people caught on pretty slowly. But the Living Trust revolution gained steam throughout the 80’s and was at full pace by the early 90’s. Sadly, in spite of the revolution, about 70% of Americans today still die intestate, meaning they have no Will or Trust in place to control their lifetime achievement – their estate!

And just as the Trusts of old protected the property of knights, placing your property into a Trust with someone in charge as Trustee does protect your assets for both a long term disability as well as for your eventual demise. It was a good idea back in the beginning when they first came onto the scene — and it is just as good an idea today.

Today, properly signed and funded Living Trusts also protect you against high legal fees as long as you choose adequate (meaning trustworthy and financially smart) Trustees and appoint one or two backup Trustees. This will insure that someone will always be in charge, and thus court intervention can be prevented.

The Trust Portfolio of almost any Arizona practitioner also contains valuable Power of Attorney documents. If you don’t have these documents, a court may order a Conservatorship in the event that you become disabled. In Arizona, a legal Conservatorship requires attorney representation and multiple court appearances each year until you either recover or die. During this time, you can expect continuous generous withdrawals from your checking account. Fortunately, this “living hell” money scenario can easily be avoided via a low cost properly executed General Durable Power of Attorney document in most cases.

In summary, a Living Trust allows professional management of your property when you are disabled or die. The rest of the coordinated legal documents in a modern Trust Portfolio protect you further from hefty legal expenses and court fees. Normally, this holds true even without invoking an official court declared “disabled” status.

This allows the agent you appoint on your Money Care Power of Attorney document to manage your affairs privately without the extra expense of legal representation required by the court as is the case in Arizona with a legal court Conservatorship. Also, it allows your medical power of attorney agent to represent you in all medical decisions when you can’t make them.

Our History

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In the beginning…

This company began as a corporation called The Estate Plan founded by Henry Abts, III. He came up with the idea to help others out of his own personal suffering through the unforeseen process of probate that his mother had to bear. It was such a traumatic experience that he figured there had to be an alternative, something that he and others could do to avoid it. During this time he was pursuing a career in financial and personal estate planning and discovered the Living Trust was the key to avoiding probate. The beginning of The Estate Plan thus was created, a business model that had two objectives; educate the public about alternatives to probate; and second, supply clients with the solution of a proper estate planning program. It then grew into creating a set of living trust documents designed to cover the majority of circumstances in the general public but with the ability to tailor to each person’s individual needs. These documents could be used by attorneys very easily in their practice by assessing the client’s needs and applying them to the ready-made living trust. It was a win-win with the attorneys providing a quality trust and Henry peace of mind that the people are being served well.

The Living Trust book was created

After he met with more than a thousand clients from coast to coast he decided to write a book. The Living Trust book was created in 1989 and has since sold over 1 million copies and is considered the “bible of the industry.” The Estate Plan was now the only nationwide Living Trust Company whose trust documents were valid in all 50 states and has produced over 60,000 trusts.

The Institute for Estate Preservation was formed

Approximately 10 years ago Henry decided he wanted to train those who used the Living Trust documents (attorneys) not only to create a consistency and understanding of the documents throughout the company but in his high quality standards and ethics.  What he created is still being practiced today, The Institute for Estate Preservation in both basic and advanced levels. These institutes are typically viewed as just another training institute by those who’ve never attended; however, they are quite the contrary. There is rarely someone who attends that says it was not helpful or that they did not learn something new. Both The Estate Plan staff and Henry himself taught at the Institutes, he was always very passionate about his idea of reaching out to everyone who would listen.

Transitioning into the digital age

Unfortunately, in July of 2010 Henry passed away in his sleep at his home in Incline Village, Lake Tahoe. Although Henry was in his 80′s he was still very passionate about “Taking the Message to All Who Will Listen” his infamous quote amongst his community. He left this for us to carry forward which we are excited to not only carry forward but expand in new and better ways.

We are now in a digital age where it’s essentially “out with the old and in with the new.” What used to work is now obsolete regarding so many aspects in this industry. We are working diligently to transition by first, creating this robust website which hosts a wealth of estate planning information, knowledge, tools and tips and second, re-writing our current proprietary software into a cloud solution allowing our estate planning back office document model to be accessible online as well as including all new features to satisfy the end user in a way never thought possible. We are certain with both in place; we will be well beyond all of our competitors and will have created an entirely new way of doing business in this industry.

Become an Affiliate

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JOIN OUR INDEPENDENT NATIONWIDE NETWORK

ATTORNEY

As an attorney in our Licensed Attorney Network, you will be able to provide the finest estate planning document packages to your clients, matured through more than 1,000 network attorneys, and utilize our excellent support services as your back office. Our system allows you to build the estate planning portion of your business by receiving referrals from our network of Independent Advisors, save valuable time on research of federal law changes, and reduce the cost of generating new clients.  View more

ADVISOR or Financial Planners

As an Independent Advisor you will be able to support your client from start-to-finish by assisting in the non-legal aspects of the estate planning process.  This includes educating your clients on estate planning concepts, gathering information, working in conjunction with an attorney who is affiliated with our network, to create a living trust, aiding in the execution and funding of the trust, and assisting with the settlement process.  View more