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About Fred I became a Personal Family Lawyer because I wanted to make a real difference in the lives of my clients I wanted to make sure others didn t suffer from the same problems that I had by not having an estate plan in place Call or use the QR code in this issue to book a time to talk about how I can help you Although you don t need a lawyer to create or modify your personal property memorandum if you need any help or support reach out to us your Personal Family Lawyer Pass on the values stories behind the possessions You may want to consider making audio recordings to accompany your heirlooms and keepsakes In this way your loved ones not only get to hear your voice but they can learn the stories behind the possessions as well as the reasons why you gave each person a particular item Continued from page 1 How To Pass On Family Heirlooms Keepsakes Without Causing A Family Feud Open Faced Tomato and Dill Toasts Again the manner in which you distribute your heirlooms and keepsakes will depend on the items you have to pass on and your specific family dynamics That said here are a few estate planning strategies to consider when passing on these precious possessions This barely a recipe dish is possibly the best thing you can do with a fresh ripe tomato Gifting during your lifetime Of course you don t have to wait until you die to pass on your heirlooms and keepsakes and you can give away these items while you are still living This way you get to personally witness the joy your loved ones experience when they receive the gift and you can also explain the reasons you want each person to have a particular item 2 slices crusty bread 1 clove garlic peeled 2 tbsp mayonnaise 1 large heirloom tomato sliced 1 tsp chopped fresh dill Flaky sea salt and freshly ground black pepper Preheat oven or toaster oven to 350 F Rub bread with garlic Place on a baking sheet and toast just until golden brown 8 to 10 minutes Spread mayonnaise on toast dividing evenly Top with tomato and dill dividing evenly Season with salt and pepper Recipe www countryliving com PERSONAL FAMILY LAWYER If your heirlooms and or keepsakes have a high monetary value you should keep gift tax issues in mind However the IRS has a high annual gift tax exclusion 16 000 in 2022 and an equally high lifetime exclusion 12 06 million in 2022 so few people will need to worry about such taxes Include items in your estate plan using a personal property memorandum As with other assets you pass on after death you should include heirlooms and keepsakes in your estate plan by adding them to your will or trust The best way to do this is by using a personal property memorandum A personal property memorandum is a separate document that is referenced in your will or living trust The memorandum allows you to list which items you wish to leave to each individual and detail the reasons you are giving each item In many states a personal property memorandum is a legally binding document Moreover unlike a will or trust you can create and update your memorandum without a lawyer s help You can change your memorandum as many times as you like just sign and date it each time to ensure authenticity Your memorandum can be as long or short as you like allowing you to include even the smallest or seemingly insignificant possessions Most types of tangible personal property can be included in your memorandum but you cannot list certain assets including titled property such as real estate and vehicles assets with a beneficiary designation such as life insurance 401 k s and bank accounts or intellectual property such as works protected by copyrights or trademarks M ON TH LY N EWS LETTER JULY 2022 Best of all you don t have to create these recordings yourself as we offer this exact service during our Family Wealth Legacy Interviews In every estate plan we create we will personally guide you to create a customized recording for your family and then we will provide you with the recording digitally to ensure it survives long after you are gone Keep The Peace After You Are Gone To ensure you don t create any unnecessary conflict among your heirs make sure that your estate plan includes all of your assets especially family heirlooms and keepsakes As your Personal Family Lawyer we can ensure these precious treasures are properly included in your Life Legacy Plan so they pass to your loved ones seamlessly and without causing a family feud July is Freedom Month Celebrate your family s independence by getting your life planning and systems in order This July make sure that your kids money will be taken care of by the right people no matter what Give yourself the freedom of knowing that you have truly planned so that your loved ones are kept out of conflict While I believe in the jury system as you will see in another article I also believe that is a last resort and the best move is to plan ahead to stay out of conflict I can help you do that Schedule your Life and Legacy planning session now If you do have an existing will or trust we will review whether it still reflects your current wishes assets and most up to date laws Whether you need a new plan or not just this process alone will get you more financially organized than ever before It will provide total peace of mind around what you need to ensure you ve handled your personal affairs in the most loving way possible Give yourself the freedom and peace of mind of knowing you ve done everything to plan for and make life as good and easy as possible for those you love Call today to schedule your Life and Legacy Planning Session PERSONAL FAMILY LAWYER M ON TH LY N EWS LETTER Q A QUESTION Should the person I pick as trustee of my living trust have a background in law or finance Trust Planner ANSWER Dear Planner The person you choose to serve as trustee for your trust does NOT have to have a background or experience in law finance taxes or any other field related to trust administration In fact trustees are not only allowed to seek outside support from professionals in these areas they re highly encouraged to do so and your estate will pay for such professional support While serving as a trustee can be a serious responsibility the individual you select won t have to handle the job alone Plus your trustee can also be paid for their service though close family members often choose to forgo any payment beyond what s required to cover the trust expenses Furthermore as your Personal Family Lawyer we will be available to guide your chosen trustee step by step throughout the entire process ensuring he or she is able to properly fulfill all of your wishes as spelled out in the trust without exposing the beneficiaries or themselves to any unnecessary risks JULY 2022

The Law Outside of Estate Planning A column for questions you may have in law outside of Estate Planning Go Serve At least a couple of times a year every lawyer will have a conversation something like this Q Hey you are a lawyer can I ask you something JANUARY 2019 A Sure Q I got a jury summons in the mail the other day what can I do to get out of having to serve on a jury A The summons should have on it who can get out of service automatically Q Yes I saw that but I don t fit any of the exemptions I just have a lot going on and I don t have the time etc J U LY 2 0 2 2 Fred Cludius New Braunfels TX www cludiuslaw com 830 609 8422 How To Pass On Family Heirlooms Keepsakes Without Causing A Family Feud By Fred Cludius Personal Family Lawyer My answer is and always has been the same thing You shouldn t try to get out of jury service A lawsuit is about conflict and the jury system despite it s flaws is the best system out there to resolve conflict that cannot be resolved in another way If you have a conflict that cannot be resolved any other way you will want 12 sometimes 6 in TX people to listen intently to the facts and make a decision Even if you never find yourself in a conflict that needs a trial the jury system serves you The jury sets the community standard that is expected of people and businesses through the jury verdict In a very real sense the jury is the conscience of the community When a jury speaks through it s verdict it is letting others know what is OK and what is not OK Besides voting jury service is the way that most people participate in government The litigants need you The community needs you So answer your summons knowing that you are participating in government in a very real and tangible way Answer your summons knowing that you are serving your community in a way that sets expectations and standards When creating an estate plan people are often most concerned with passing on the big things like real estate bank accounts and vehicles Yet these possessions often aren t the items that have the most meaning for our loved ones Smaller items like family heirlooms and keepsakes which may not have a high dollar value frequently have the most sentimental value for our family However these personal possessions are often not specifically accounted for in wills trusts and other estate planning documents Answer your summons with pride See Full Recipe on Page 2 Want to know how to get started protecting your loved ones Open Faced Tomato and Dill Toasts This simple sandwich tastes best with perfectly vine ripened tomatoes Use a large slicing variety about 3 to 4 inches across such as beefsteak or Brandywine to get maximum bread coverage Thank you for referring our practice We appreciate your trust in us and we will take great care of them You can call to find out more but better yet schedule your call using this QR code so we don t end up playing phone tag It s critical not to overlook family heirlooms and keepsakes in your estate plan as the distribution of these items can cause intense conflict and strife for those you leave behind Indeed if not properly addressed in your estate plan these items can lead to serious In This Issue Main Article How To Pass On Family Heirlooms Keepsakes Without Causing A Family Feud What s Cooking Open Faced Tomato and Dill Toasts Q A Should the person I pick as trustee of my living trust have a background in law or finance Monthly Offer July is Freedom Month disagreements that can tear your family apart Little Things With Big Value Heirlooms and keepsakes are both prized for their sentimental value but these possessions are slightly different from one another in terms of how they are passed on Heirlooms Heirlooms are passed down among family members for generations and the passing of heirlooms sometimes involves traditions For example the first daughter to marry inherits grandmother s heirloom wedding ring Keepsakes Keepsakes are possessions that are given or kept specifically for sentimental or nostalgic reasons and these items may only get passed on once For example photo albums are a typical keepsake that are treasured by many families Although just about any personal possession could be considered an heirloom or keepsake some of the most common examples include Jewelry Photographs Books Art Musical instruments Furniture Clothing Bibles Recipes Family documents such as birth certificates baptism records and citizenship papers Collections such as sports memorabilia coins stamps and doll collections there is no plan in place for the distribution of these items it can create bitter conflicts among surviving family members Fights over heirlooms and keepsakes have even caused close family members to never speak with one another again Given the potential trouble such possessions can cause you should take extra care to ensure these treasures are passed on properly And this means incorporating them into your estate plan Strategies For Distributing Heirlooms Keepsakes While there s no perfect way to distribute these items in your estate plan your primary goal is to maintain harmony among your loved ones during an already emotional time As with most sensitive issues clear communication is vital Because your family members can have vastly different values associated with certain heirlooms and keepsakes and you may have little idea about how each person feels you should speak with each family member in advance By talking with relatives about their feelings and expectations you ll have a much better idea how to distribute these items with the least conflict Issues Raised By Passing On Heirlooms Keepsakes In legal terms heirlooms and keepsakes are both considered non titled personal property As mentioned earlier when PERSONAL FAMILY LAWYER MONTHLY NEWSLETTER COPYRIGHT NEW LAW BUSINESS MODEL