Field Law Firm - May 2023

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Notes From The Field

May 2023

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Why Freedom

I believe Thomas Jefferson summed up Freedom best when he wrote “… all men are created equal and that they are endowed by their Creator with certain

unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” It is a high ideal, not always lived up to, but worth pursuing, nonetheless. It is our fourth company value. This pursuit includes, among others, freedom of religion, freedom of speech, freedom to own and be secure in our property, freedom of entrepreneurship, and freedom to support and encourage others in pursuing their own freedom and happiness. And it comes with responsibilities. In America, freedom can also be equated with individualism and self-reliance, and those are excellent qualities to possess. And still, some may view their freedom as a license to do whatever they please, without regard for others’ rights or the common good. When Thomas Jefferson wrote those words, “Life, Liberty and the pursuit of Happiness,” there was no guarantee the fruit of those God-given rights would produce liberty or happiness. So, it seems that freedom also means recognizing we are responsible for our own happiness and success. We cannot rely solely on others to make our lives fulfilling or meaningful. Instead, we must take the initiative to pursue our goals and dreams, even in the face of obstacles or setbacks. As well as an awareness of the impact our actions have on others and the world around us. It means taking ownership of our choices and the consequences they bring, both good and bad. Viktor Frankl, a Holocaust survivor and renowned psychologist, once said, “We have the Statue of Liberty on the East Coast. We need to put a statue on the West Coast that is the Statue of Responsibility. With freedom/liberty comes responsibility.”

inscription reads, “Give me your tired, your poor, your huddled masses yearning to breathe free.” It is a beacon of hope for those seeking refuge and a better life. How we accept the responsibility of nurturing our own personal freedom and being a beacon of that freedom for others may very well determine if those ideals are possible for future generations. I think this is part of what Viktor Frankl was referring to and that our freedom is not absolute. Viktor Frankl’s quote about the Statue of Responsibility is a powerful reminder that freedom and liberty come with responsibility. The Statue of Liberty on the East Coast is a symbol of the United States’ values and ideals, but the Statue of Responsibility on the West Coast would remind us that we have a duty to use our freedom in a responsible way. Only by taking responsibility for our freedom can we ensure it is truly meaningful and enduring for ourselves and future generations. This is the freedom I believe we can obtain together. I am grateful for those who came before me and accepted the responsibility of making freedom possible for me and my family. And for that, I will remember those who “gave the last full measure of devotion” as I celebrate this coming Memorial Day.

The Statue of Liberty is a symbol of freedom and democracy, representing the United States’ values and ideals. The statue’s

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Here at Field Law, we love to support and celebrate family! This month, one of our clients submitted this amazing photo of their young son taking the initiative to learn a little about the importance of estate planning. In the words of the client, “I looked over at my son the other day (who was born just after we finished our trust), and he had apparently picked up some interesting reading material.” Keep up the great work, and remember, you’re never too young or too old to start protecting what matters most to you!

Celebrating Memorial Day

On the last Monday in May, families and friends throughout the U.S. gather to kick off summer and celebrate Memorial Day. This well-loved holiday is commonly associated with images of families picnicking or barbecuing to relax and enjoy the first unofficial days of summer. Often confused with Veterans Day, Memorial Day has a unique quality of commemoration and a rich tradition in our country. The history of Memorial Day spans back to the last days of the Civil War. This beautiful

act of remembrance and recognition of lives lost in the United States first took place on May 1, 1865, in Charleston, South Carolina. Leading up to this day, a number of Black workmen went to the city’s Washington Race Course and Jockey Club, which had been turned into an outdoor prison during the war, and reburied Union soldiers who had been hastily buried in a mass grave. Then, not three weeks after the end of the Civil War, a group of 10,000 Black residents, former slaves, school children, and infantry gathered to memorialize the lives that had been given to abolish slavery and establish freedom for all. Memorial Day was first known as Decoration Day, as communities would come together to decorate the graves of soldiers who died during the Civil War. It became widely observed throughout the nation beginning in 1868. Then, when World War I ended, the day expanded to remember the lives of all who died in America’s wars. It became a national holiday in 1971.

If you have a loved one who has died in service of our nation, we want to thank you from the bottom of our hearts for their sacrifice and extend sincere regret to you for the loss you have experienced. We know there are no words to make up for the pain of losing a loved one. We invite you to share their story with our office so we can honor them as we celebrate this holiday.

For further reading, visit these websites:

NYTimes.com/2011/05/30/opinion/ 30blight.html

History.com/news/8-things-you-may-not- know-about-memorial-day

AmsterdamNews.com/news/2022/05/28/ freed-slaves-started-first-memorial-day-in- the-us/

History.com/news/memorial-day-civil-war- slavery-charleston

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COMFORT IN AN EMERGENCY Why You Need a Power of Attorney Estate planning is about much more than determining what will happen to your assets after you pass away. It’s also crucial to plan for medical emergencies. In fact, designating financial and health care powers of attorney (POA) should be an essential component of any estate plan. A POA gives someone the legal right to act on your behalf. These documents also outline the specific type of decisions the designated agent can undertake and sometimes detail a single event. For example, if you become incapacitated, designating financial power of attorney will allow someone you choose to handle your finances on your behalf, while a health care power of attorney grants someone the right to make decisions about your medical treatment. Before designating an agent, consider whom you trust with your money and health. Some people might select the same family member to be their financial and health care agents, but others could choose separate individuals. Each situation is different, and you know what’s best for you. While a relative who cares deeply about your well-being may be an ideal health care agent, this person might make a terrible financial agent if they can’t balance a checkbook. Each state has methods for determining who will make decisions for an incapacitated person when they do not have a predesignated power of attorney. But the process is less than ideal. Having to hash out who should be your representative can cause strife within your family when they need each other the most. Further, an incapacitated person no longer has the ability or right to determine who will take on these crucial responsibilities and make monumental decisions about their care, finances, and life. Creating power of attorney documents while you are of sound mind gives you some measure of control over your future. Fortunately, many POA designations will never take effect, but if the worst happens, you’ll be better off having a power of attorney in place.

ROASTED SWEET POTATO ARUGULA SALAD

Inspired by Nutriciously.com

Ingredients

• 3 medium sweet potatoes, cubed • 1 tsp smoked paprika • 1/2 tsp turmeric • 1/2 tsp cumin • 1/2 tsp cinnamon • Salt and pepper, to taste

• 1 red onion, thinly sliced • 1 bell pepper, thinly sliced • 3 small radishes, thinly sliced • 2 cups arugula, thinly sliced • 1 1/2 cups cooked lima beans, drained and rinsed • Balsamic salad dressing of choice

Directions 1. Preheat oven to 350 F. Line baking sheet with parchment paper. 2. In a bowl, toss sweet potato cubes with smoked paprika, turmeric, cumin, cinnamon, salt, and pepper. Transfer to prepared baking sheet and arrange in a single layer. 3. Roast for 25–30 minutes until sweet potatoes are nicely browned and fork-tender. 4. In a large salad bowl, combine onion, bell pepper, radishes, arugula, and lima beans. 5. Toss the salad with dressing, then top with roasted sweet potatoes.

TAKE A BREAK

Blossom Derby

Emerald Fertilize Gemini Horse Lightsaber

Mother Nature Parade Seedling Veterans

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818-369-7900 FieldLawPC.com

P.O. Box 8306 La Crescenta, CA 91224 INSIDE THIS ISSUE

With Freedom Comes Responsibility

Caleb’s Corner Memorial Day Is About Remembrance

Roasted Sweet Potato Arugula Salad Why Every Estate Plan Needs a Power of Attorney

4 Sons, 4 Wills, and an Ongoing Battle

How Her Handwritten Wills Caused Strife Aretha Franklin Didn’t ‘Respect’ Estate Planning

The world lost a legend when the Queen of Soul, Aretha Franklin, died in 2018. And in their grief, her family got an enormous headache. Unlike many, Franklin did plan for her eventual death — but her DIY approach to the matter proved disastrous. Her four conflicting, handwritten wills cost the estate millions, pitted relatives against each other, and exposed family secrets. Franklin didn’t trust others to handle her money and personal affairs. She’d even demand upfront cash for her performances and stash it under her piano onstage. So, it may not have surprised her family that she decided to handle her estate plan herself. While they initially thought she died intestate (without a will), conflicting documents emerged.

the singer’s home. Two were dated 2010 and locked in a cabinet. The third, dated 2014, had been written in a spiral notebook, and Sabrina found it under the Queen of Soul’s couch cushions. The wills split her assets differently — but crucially, none of the three were signed. A fourth unsigned will, dated 2018, emerged in 2021. The documents proved Franklin knew the value of estate planning, but she never completed the legal requirements, and the fallout has been enormous. Her oldest son has disabilities, and Franklin missed the opportunity to establish a special needs trust. Further, while Franklin kept her oldest son’s father a secret her entire life, she revealed his identity in one of her wills — perhaps not realizing it would be made public. Meanwhile, Franklin’s four sons have fought each other in court, and the estate racked up a $7.8 million tax bill.

A trial, initially scheduled for August 2020, was delayed due to the pandemic. However, the estate resolved the IRS debt in June 2022. Despite their earlier battle, her sons requested their mother’s remaining assets be split equally, but it is unclear whether a judge has approved their request. A comprehensive estate plan could have shielded Franklin’s substantial intellectual property, reduced the estate’s tax burden, and properly cared for her family. This cautionary tale should remind you to do more than “say a little prayer” to protect your assets after death.

Franklin’s niece and estate executor Sabrina found three handwritten wills while cleaning

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