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Notes From The Field
October 2025
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Every Estate Plan Is Unique
Planning for Blended Families
John and Mary, newlyweds, are celebrating their first anniversary by creating an Estate Plan. Though it seems straightforward — they own two homes, retirement and investment accounts, and a few cars — it is complex, as both John and Mary have children from previous partnerships. This common scenario for families requires unique planning to ensure their specific situation is appropriately addressed. During my time as an attorney, I have found that there is no one-size-fits-all solution, but rather, many devices and paths that work depending on the clients’ needs. When working with a blended family like John and Mary, we first want to consider the circumstances that led to the end of their previous marriages. Factors that affect the outcome of the planning process include whether the previous marriage(s) ended in divorce or widowing, whether there are children from a previous partner, and what the priorities are for both individuals in creating a trust. Regardless of the circumstances, we always recommended that couples create and sign a prenuptial agreement before their wedding. Even if their assets are limited at the time of marriage, creating a prenup sets clear boundaries on what belongs to whom. This is especially helpful in situations where there are children involved from a previous marriage, as it protects them and their inheritance. In the case of divorce where children are not involved, the divorced spouse must first ensure any previous estate planning documents created with their ex-spouse have been properly revoked. Despite being divorced, many states would still grant an ex- spouse authority under a power of attorney. When children are involved in divorce and remarriage, it is imperative that the parent
clearly communicates with the new partner regarding the inheritance they are leaving for their kids. Having these conversations prior to and during the estate planning process creates clear expectations for all parties involved. If both spouses have minor children from previous relationships, establishing guardianship paperwork separately is a necessity. If you are unsure where to start when communicating these details, consider starting with these topics and questions: 1. Are there assets (accounts, homes, jewelry) you want your children to receive?
A QTIP Trust provides a surviving spouse with limited access to the decedent’s assets during his or her lifetime, while assuring the remaining assets are left to the decedent’s children from a prior relationship upon the spouse’s death. To qualify the trust assets for the Marital Deduction, the following requirements must be met: 1. A decedent must create the trust for his or her spouse. 2. The trust assets must be used for the sole benefit of the surviving spouse during his or her lifetime. 3. The surviving spouse must be entitled to the entire income from the trust assets, payable at least annually. 4. The decedent’s executor must make an irrevocable election to treat the trust assets as “qualified terminable interest property.” A spouse may be given more access to the trust assets, but not less. For example, the QTIP Trustee can be given the discretion to distribute trust principal to the spouse for their health, education, maintenance, or support. However, keep in mind that the more access allowed to the spouse, the less amount the decedent’s children may receive upon the surviving spouse’s death. Every family deserves peace of mind regarding their estate plan. If you or a loved one finds themselves in a blended family with children, contact our team today to ensure your plan meets your family’s needs.
2. What concerns do you have for your family after you die?
3. Do all parties (ex-spouses, new spouses, children, etc.) have clear communication with each other? For families with separate and joint children, the trustors have a few options for determining distributions. First, they can leave equal or unequal shares to all children in the distribution of the full estate. Second, they can leave specific gifts to the children from either their separate or joint assets to balance the different situations. Third, a trustor can create trusts for their separate children and list them as disinherited from the joint assets, stating they have been provided for elsewhere. When one partner has been widowed with children, a good recommendation is to ensure that at least 50% of the joint assets from the previous marriage are preserved for those children. If you have concerns about you or your spouse remarrying in the event of one of your deaths, creating an estate plan with a clear A/B split addresses this issue specifically. There are also options for widows and widowers who did not create a plan prior to their spouse’s passing. One such option is a QTIP Trust.
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The Child-Free Retirement Playbook
SECURE, SMART, AND SATISFYING
When you look into why people decide to create an estate plan, you’ll find a common thread connecting the top reasons. Many people want to leave money or assets to their heirs, ensure their kids have a prosperous future, and provide a plan regarding guardianship for any minor children. Many common reasons for estate planning involve children, but what if you never had any? Is it still necessary to create an estate plan? Do you need to take other actions to plan for your senior years properly? For starters, everyone should establish an estate plan, regardless of age, family situation, finances, or health. Creating an estate plan allows you to lay out your wishes for various aspects of your life. You can determine what will happen to your money and personal possessions, who can make health care and financial decisions
on your behalf, and more. Establishing an estate plan lets you gain peace of mind about the future while ensuring your loved ones follow your wishes. When looking toward your senior years, estate planning will only get you so far. You should take other actions to ensure you can enjoy retirement comfortably. Consider looking into long-term care insurance to help offset assisted living costs and other facilities. Get out of your comfort zone to meet new people and find a network that provides assistance, encouragement, and support. You can do this by getting more involved with your community, church, or other local organizations. Another thing you should do is list out all your important information. Keep records of your bank accounts, insurance policies, important contact information, monthly
bills, and upcoming medical appointments. Having this information on hand will make everything easier if someone else has to step in to help out. Your senior years do not have to be confusing, challenging, or lonely if you have never had children. By taking action and making plans, you can make the most of your retirement and enjoy it to the fullest!
What About Those Photos and Videos in the Cloud?
INCLUDING DIGITAL ASSETS IN YOUR ESTATE PLAN
We live in a highly digital world, and with that comes great benefits for storing information and building personalized time capsules of photos, videos, and notes. People can stay in contact with friends and family members across great distances and continue to build those relationships. As our lives become increasingly digital, it’s important to consider how you will make
the legacy you are building accessible to your loved ones once you pass away. It’s no secret that most institutions store customer information through email, web portals, and other online services. If you think keeping track of your passwords can be a struggle, imagine the difficult situation your family will be in trying to guess what it might be without assistance. Using a password manager is the perfect solution to this problem! Not only does it store all your passwords in one place, requiring you to remember a single master password, but you can designate a contact to gain access to your information should you pass away before giving them that information. One key change in this digital age is the storage of information in cloud servers. Your cloud accounts are a treasure trove of important documents, notes, photos, and videos. These highly personal documents and
data can be incredibly meaningful to your loved ones and also vital for ensuring your wishes are carried out exactly as you specified. One great way families and friends have been able to stay connected is by using one of the many social media platforms! For some, services like Instagram, Facebook, and TikTok have become catalogs of memories worth preserving. Some of these platforms make it possible to memorialize someone’s page, which protects the photos and posts for a trusted person to manage on their behalf. Regardless of how frequently you use online services, putting a plan in place for your family to manage your digital assets is vital to protecting your legacy. For more information and recommendations on specific services, check out the article “Before You Die, Secure Your Digital Life” by Julie Jargon in The Wall Street Journal.
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The phrase “history is written by the victors” has been around since the French Revolution, and it can make you wonder how truthful far-fetched historical stories actually are. For example, consider the famous WWII story about the USS O’Bannon. This ship notoriously sank a Japanese submarine using potatoes, but let’s take a closer look to separate fact from fiction. In early April 1943, the crew of the USS O’Bannon was returning to the island of Tulagi when they were asked to check out a submarine that had made contact with the surface not far from their location. It was a dark night, but the waters were calm, so it didn’t take long for the crew to spot a Japanese submarine 2,000 yards away. The sub headed right for their ship, and once it was less than 1,000 yards away, the O’Bannon crew knew they were face-to-face with the enemy. What Really Happened Aboard the O’Bannon? THE TATER TALE THAT TORPEDOES THE TRUTH
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The O’Bannon unloaded their artillery at the Japanese sub, causing significant damage. They turned around for a second attack, and then a third attack until the sub sank below the surface. They were victorious, but when did potatoes come into play? It depends on the source you check. Commander MacDonald of the USS O’Bannon never mentions potatoes in the official report of the incident. He’s even gone as far as stating it never happened. However, a book called “Action Tonight” by James David Horan
goes into meticulous detail about the events of that fateful night. Horan states that the crew threw everything they could at the Japanese submarine, including bolts, pieces of artillery, and potatoes. Other publications have repeated this story, noting that potatoes knocked Japanese sailors into the water, leading to the sinking of the submarine. Crew members have also stated that they saw people throwing potatoes. Now, 80 years removed from the event, many O’Bannon crew members have passed away. We’ll never know whether this story is true, but one detail may illuminate the truth. The USS O’Bannon was never closer than 90 yards to the submarine. Unless they had someone with the arm of an NFL- caliber quarterback on board, it’s unlikely that anyone hit the Japanese sub with a potato.
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818-369-7900 435-216-4444 FieldLawPC.com
P.O. Box 8306 La Crescenta, CA 91224 INSIDE THIS ISSUE
P.O. Box 910760 St. George, UT 84791
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Estate Plans for Blended Families
Planning a Meaningful Future Without Dependents
Can Your Family Find Your Digital Assets?
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The USS O’Bannon Potato Incident
Boost Your Emotional Intelligence With These 3 Empathy Skills
Unlock Stronger Bonds With These 3 Tools THE EMPATHY EFFECT
Emotional Empathy: Feeling With Others This kind of empathy tugs at your heartstrings when someone you love is hurting. Emotional empathy lets you actually feel what another person feels. It’s powerful, but it can also be overwhelming. To strengthen emotional empathy, put distractions away during conversations, make eye contact, and be present. When we give people our full attention, our emotional receptors are activated. If you feel emotionally overloaded, though, it’s okay to take a breather. Boundaries are a healthy part of empathy, too. Compassionate Empathy: Acting on Understanding Compassionate empathy goes beyond understanding and feeling; it’s about doing something helpful. For example, if your
Empathy quite literally holds our relationships together. It helps us connect, understand, and support one another. But did you know empathy isn’t just one thing? It comes in three distinct forms, each playing a unique role in how we relate to others. Cognitive Empathy: Understanding the Mind Cognitive empathy involves mentally stepping into someone else’s shoes to understand their thoughts. For example, if your friend is ranting about a frustrating day at work, cognitive empathy helps you understand and relate. If you want to build this skill, practice active listening. Instead of planning your response while someone’s talking, focus entirely on their words. Then, reflect on what you’ve heard. Phrases like “It sounds like you’re feeling ...” can go a long way.
partner is anxious about an upcoming presentation, you can show compassionate empathy by noticing and offering to run through their slides with them. To show compassionate empathy, ask yourself, “How can I lighten their load right now?” Even small gestures like texting to offer help can build trust and deepen connections. When all three types of empathy are present, relationships thrive. You understand, feel, and act, and while not every situation calls for all three, being aware of each type can make you a better friend, partner, parent, or teammate.
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