This Spring, McClenaghan Law Group will be moving to our new home in Dublin, Ohio. We are excited to share more information about our new location soon!
We want to extend thanks to our awesome clients and neighbors that have made our time on Brown Park Drive so wonderful. We look forward offering the same service you’ve come to expect at our new home.

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Approximately one-third of Americans own a firearm, and many own more than one. Some may own dozens or even hundreds. Firearm Ownership is subject to many restrictions, and carries with it a significant element of risk, it is important to consider firearms as part of a comprehensive estate plan.

Why Should Clients Engage in Firearms and Gun Trust Planning?

What risks are involved in not engaging in firearms planning? A family member or other fiduciary may be otherwise responsible but know little about the client’s guns and be uninformed about the applicable laws. The guns could be improperly stored or cared for, given away or sold for less than market value, or even transferred illegally. The fiduciary could be exposed to civil or criminal liability, even for inadvertent violation of state or federal law.

Proper planning can help avoid these problems.

As estate planners, we are experts in the planning process—asking the right questions, considering the client’s unique circumstances, and producing solutions. In planning for firearms, we must also overlay the complex web of federal and state regulations.

As is the case with most other assets, there are several reasons to use a trust when planning for firearm ownership: privacy, ease of management in the event of incapacity, and avoidance of probate. While a conventional revocable living trust (RLT) can be used to own guns, for clients with larger collections or NFA weapons, a purpose-built gun trust is by far the best tool for the job.

What Exactly Is a Gun Trust?

There is no formal definition of a gun trust—virtually any valid RLT can own firearms. And gun trusts sold online or by gun dealers are often just RLTs with nothing firearms-specific about them.

However, to provide the optimum benefit to the client, a gun trust should be specifically tailored for the intended purpose: firearms ownership, management, and disposition. Special assets require special tools.

Possession and Transfer

Possession and transfer are important concepts when it comes to firearms, particularly NFA weapons. Both provide potential pitfalls for the unwary. While the definition of actual possession may be clear, constructive possession can be tricky. A person may have constructive possession if they can easily access a weapon. The following are examples of constructive possession:

• Knowing where a roommate’s or family member’s unsecured gun is in the house
• Having the key or knowing the combination to a family member’s or roommate’s gun safe

Constructive possession of any firearm by a prohibited person is a crime, as is constructive possession of an NFA weapon by anyone other than the registered owner or their legal representative (such as an executor or co-trustee). We don’t want our clients to be victims of the “accidental felony” (or any on purpose felony either, but that’s another blog topic altogether.)

The NFA defines transfer as “selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of” a firearm. Notice that this includes “loaning.” So if your client gives a friend their silencer to take to the range for a day, a felonious transfer has occurred, and the friend is in felonious possession.

In addition to criminal penalties, clients need to be aware of civil liability issues. If a client allows a prohibited person or nonauthorized user of an NFA weapon access to a gun and that person shoots someone, even accidently or in self-defense, the lawful gun owner could be found at fault based on negligent entrustment or a similar theory.

If you don’t have estate planning, or forgot to let your attorney know of this very tricky asset during your consultation, give us a call at 614-429-1053. We are happy to book a consultation and help you plan for your firearms today!

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Last year, a Georgia court issued a judicial order banning Elf Scouts (read the official order here). Though the North Pole legal department is currently in litigation to reverse the order, Miss. Chevious and her fellow Elf Scouts assigned to that county have been relocated to businesses across the world based on their interests.

Since beginning her career, she has worked in a number of different roles at the North Pole. She started as a Holiday Cheer elf, focused on decorating the homes of less fortunate families in the Eastern European portion of the world. Then, she moved in a toy making position before earning her spot as a coveted Scout Elf. Regardless, her passion has always been family legacies. She said her favorite part of scouting is visiting several generations of families during the holiday season.

Since she is so passionate families, Santa granted her leave this December to learn more about what we do and help us out.

Check out our Facebook page to see what she gets up to this Holiday season!

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Why should you have an estate plan?

An estate plan can provide significant peace of mind by ensuring that your money and property are protected, plans are in place in the event you become ill, and your accounts and property pass down according to your wishes.

What key elements of an estate plan should you consider?

• Do you have a last will and testament or a trust? If you do not have these important documents, state law will determine who will inherit your property—and it may not occur in the way you would have chosen. In addition, someone appointed by the court, instead of a trusted person of your choosing, will be in charge of caring for any children or pets and winding up your affairs. Spelling out your wishes in a will or trust will also prevent unnecessary confusion, anxiety, and expense for your loved ones when you are gone.

• Are the proper powers of attorney in place? A financial power of attorney designates an individual to make financial and property decisions (e.g., opening a bank account, signing a deed, getting your mail, etc.) should you become unable to handle your own affairs. A medical power of attorney designates a person you trust to make medical decisions for you when you are otherwise unable to speak for yourself.
• Ensure that you have an advance directive, also called a living will, which memorializes your wishes concerning your end-of-life care, such as whether you want to receive life support if you are in a vegetative state or have a terminal condition.

• Do you have insurance? If you become incapacitated (unable to manage your own affairs) or die, it is important for your family or loved ones to have information about your insurance (such as life, health, disability, long-term care, etc.) so they can file any necessary claims. Having the right amount of coverage is also important in case you become ill or die, leaving behind loved ones who rely on your financial support.

• Compile a list of all of your accounts and other important information that may be needed to manage your accounts and property while you are incapacitated or to settle your affairs after you are gone. Keep this information in a safe place and share the location only with trusted family members or other loved ones. This list should include at least the following information:
  • bank and investment accounts
  • titles to vehicles and homes
  • credit card accounts or loans
  • digital accounts (such as Facebook, LinkedIn, and Twitter) and passwords
  • Social Security card, passport, and birth certificate

• A list of legal, financial, and medical professionals who have performed services for you is also important. The list should include their contact information so your loved ones can easily reach them in the event you or they need the professional’s help. You should also have HIPAA authorizations in place with medical professionals to ensure that your loved ones can obtain needed information.

How can you encourage your loved ones to create an estate plan?

Estate Planning Awareness Week is a great opportunity, not only to take steps to make sure your own estate plan is in place, but also to talk to your loved ones, especially elderly parents, about creating an estate plan. Estate planning is often a difficult topic to broach because it brings the unpleasant topics of aging and death to the forefront of our minds. Here are a few tips to help you start the conversation.

• Be sensitive to your loved ones’ feelings. Put yourself in their shoes and keep in mind that few people are eager to dwell on the subject of their own death. One way to begin the conversation is to talk first about the need to plan for an illness and to provide instructions in the event they become too ill to communicate with doctors or handle financial matters for themselves. The conversation can then progress naturally to the importance of having an estate plan that will transfer their money and property in the way that they wish, provide for the care of any dependents or pets, and minimize any taxes, court costs, and legal fees. Communicate that you are not trying to control their decisions but only want to ensure that their own wishes regarding their medical care and property are known—and that all of their instructions are in writing to guarantee that they are carried out.
• Involve others in the conversation. If you are planning to speak to your parents about the need for an estate plan, try to include any siblings in the discussion to avoid giving the impression that you are attempting to influence or control your parents’ choices. You and your siblings should emphasize to your parents that none of you is asking about what you will inherit, but rather just want to make sure that their wishes are carried out if they become ill or pass away.
• Consult an estate planning attorney. An experienced estate planning attorney can help you and your loved ones create an estate plan tailored to meet each of your unique needs and carry out your wishes, or they can assist with updating an existing estate plan. We can provide each person with guidance and information about the options available to them. Further, we can help each of you put a plan in place that will prevent unnecessary stress, legal expenses, and taxes, as well as uneven inheritances, disputes among loved ones, and delays in passing life savings on to them. In addition, the guidance we offer will give you and your loved ones the peace of mind that comes with knowing that plans are in place for your care if any of you become ill and that your wishes will be honored when you pass away.

McClenaghan Law Group is dedicated to making sure you can trust your Estate Plan, call our office or email courtney@lawdublin.com to set up an appointment today!

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Planning for four-legged loved ones (kids in fur coats) can be just as challenging as planning for two-legged loved ones (minor children). Clients typically ask, “Do I need a trust or a will to make sure my pets are cared for?” The answer, of course, is, “It depends.” 

Planning for pets presents a number of important considerations:

• How many pets do you have?
• What types of pets are they?
• Do they have any unique care requirements (e.g., health concerns, unusual behaviors, etc.) that require special planning?
• Where do you want the pets to live in the event of the your disability or death?
• What financial resources will be provided to ensure the pets are adequately provided for?
• Who will be responsible for providing daily care?
• Is there a short-term pet caregiver who can be responsible for the pets at a moment’s notice until the long-term pet caregiver can be notified?
• Who will act as the long-term pet caregiver?
• Are there alternates for both the short-term and long-term pet caregivers?
• Who will be responsible for the oversight and administration of the assets left for the benefit of the pets?

These are just a few of the questions to be answered when creating a plan for loved pets! Don’t leave anything to chance with the care of your furry friends. 

No two pet owners will have the same planning goals for their pets. One person might like the idea of their pets staying in their own home with a pet caregiver who will move in and live on the premises. They will remain in the same safe environment they have always been used to. Others may be comfortable with a new forever home for their pets. Some will prefer a sanctuary environment, where their pets will live among many other pets. These are just a few of the issues and concerns that a pet parent must consider when creating a plan that ensures loved pets will be properly cared for when their pet parent is unable to do so as the result of natural disaster, disability, or death.

As with planning for minor children, the first step in planning for loved pets goes beyond the legal design of a pet estate plan. The first step is to identify the people or organizations (pet caregivers) that will have physical custody of the pets and provide them with both short-term and long-term (lifetime) care. Before any of the financial and legal considerations are addressed, the pet parent must feel comfortable with their pet’s caregiver. For some, finding the right pet caregiver can be a challenge. 

When choosing a pet caregiver, some important factors to consider are the following:

• Is this person responsible and committed to caring for the loved pets for the rest of their lives?
• Does the person already have their own pets?
• Will the new pets cause issues for the pet caregiver’s existing pets?
• What plans does the pet caregiver have for their own pets if something happens to the caregiver?

Never take for granted a person’s willingness to serve. Life happens fast. Even the best-intentioned people can experience life changes that prevent them from fulfilling their responsibility. It is always good practice to have one or more back-up caregivers.

There are numerous choices when planning for pets. Some pet parents choose to leave a fixed sum of money and their pet to a trusted pet caregiver. This choice is the riskiest because there is no way to ensure the funds will be used for the proper care of the pet. Others will want more certainty and may elect to create a trust for the lifetime care of their pets. Each choice has its pros and cons. An option with immediate access to the resources might be ideal. The probate process can result in significant delays that can have disastrous results for loved pets. 

Planning for loved pets does not mean merely considering what will happen when the pet parent dies. Clients will also want to have a plan for the pets if the pet parent becomes disabled or in the event of a natural disaster. What will happen to the pets if a pet parent ends up in a nursing home or an assisted living facility that does not accept pets? Who can provide for the pets if a natural disaster prevents pet parents from returning home or taking their pets with them in an evacuation? The role of short-term pet caregivers and pet sitters cannot be underestimated in these circumstances.  

Pet parents should consider maintaining a notebook for their loved pets that contains all the important details, including, but not limited to, the pet’s name, description (including picture), age, health, special instructions for care, behavioral information, veterinary information, short-term pet caregivers, and long-term pet caregivers. If the information is needed in an emergency, the notebook will be available and up to date with critical information, and we can use the information inside to prepare your estate planning documents that will help ensure your pet is cared for, even if you’re not able to do it.

We are more than happy to discuss estate planning for your pet(s)! Here at McClenaghan Law Group, we have experience creating pet trusts that are simple, complex, and every level in between. Whether you have a whole farm, or just one bow-wow, call us today at 614-429-1053 to schedule a consultation!

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How A Pet Trust Works
At its most basic level, a pet trust lays out instructions on how a pet should be cared for after its owner passes away or becomes incapacitated.

First, select a trustee. Once you set up the trust, you must name a trustee. A trustee is chosen to manage the trust’s funds and oversees the caretaker’s compensation for caring for the animal. The trustee holds cash or other assets for the benefit of your pets. Funds held in the trust are used to pay for the pet’s care and related expenses. Expenses include routine vet check-ups, emergency vet care, grooming costs, feeding and boarding costs, and more.

Next, choose the caregiver. A caretaker is usually chosen to be responsible for the pet’s day-to-day care. Funds are allocated to the trust to pay for various expenses such as food, veterinary care, and recreation. Make sure the caretaker you choose has adequate housing, time, and experience to look after the animal. To avoid trouble down the road, it is important to sit down and talk to the caretaker to make sure they want the job and discuss the responsibilities with them. Select at least two caregivers in case their circumstances change during your pet’s life.

Finally, as another level of protection, a client can also choose to appoint an enforcer, who oversees the trustee. An enforcer enforces the provisions of the trust against the trustee.

It is important to properly identify pet beneficiaries. Your pets can be identified by microchips, photos, licenses, or even by class. Next, set out a detailed list of care instructions. Include information about your pet’s standard living of care. This can entail the frequency of vet and grooming visits, food preferences, sleeping arrangements, and exercise. In your pet trust you can require inspections of the pet by the trustee. You may choose to determine what would trigger the pet being removed from the caregiver to the alternative caregiver. Finally, consider when to terminate your pet’s medical care when faced with a terminal illness. You may make the decision to terminate a joint decision shared by the vet, the trustee, and the caregiver. It is important to state how your companion will be handled upon passing.

There are a few different factors to consider when determining the number of funds to allocate for a pet’s care. Species, length of lifespan and whether or not the animal has, or may need, special medical care, are usually the biggest defining factors. For example, animals such as macaws, parrots, and snakes may require more significant funds due to longer lifespans, than say dogs or cats. Also, certain types of dog breeds like American bulldogs and German shepherds may need more funding due to their predisposition to health issues like hip dysplasia and respiratory problems.Once the animal passes away, the remaining funds can then redistribute to the living beneficiaries or organization such as a charity.

When a Pet Trust may be Needed

Pet trusts may be suitable for clients who have brought previously owned pets into their marriage, or if one spouse simply doesn’t share the same affinity for a pet. In the event that one spouse passes away and is concerned their surviving spouse may be unable or unwilling to care for the animal adequately, a pet trust can ensure the deceased owner’s wishes. This option also provides financial and logistical relief for the living spouse, as they will not have to worry about their spouse’s pet after they are gone.

Creating a pet trust is like creating any other type of trust. An estate planning attorney can help with drafting the trust document itself. Make sure that your estate planning attorney, the trustee, and your pet’s designated caregiver receive a copy so that your wishes can be followed. Consult with one of our experienced attorneys today by scheduling an appointment at (614) 452-9724.

The information presented here has been prepared by Charles H. McClenaghan, LLC, for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Charles H. McClenaghan, LLC, enters in to a written engagement agreement with a specific client for a specific legal matter.

LEGAL NOTICE:  THIS MESSAGE IS AN ADVERTISEMENT AND SOLICITATION.

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Estate planning provides for the transfer of your assets through a will or a trust. These traditional estate planning documents do not specifically mention digital assets, despite the fact that almost everyone now has at least some digital assets. This traditional estate plan formula has worked for decades to transfer the assets of a decedent down to his or her heirs and beneficiaries. However, in the wake of the digital age, these instructions and documents may not be enough to transfer all of your digital assets.

It has become the norm to store financial records in smartphones, computers, or the cloud, and to conduct financial transactions electronically. It is likely that you will need to take additional steps during your lifetime to ensure that the digital assets of your estate make it to the beneficiaries that you choose.  Passwords, data encryption, criminal laws, and data privacy laws can present challenges for anyone other than the original owner to gain access to their digital assets. Family photos and videos could be lost forever, social media accounts could stay online long after you’ve passed, and your heirs may not receive all the money that you’d like to see come their way.

What is digital estate planning?

Basically, digital estate planning entails the process of cataloging, organizing and planning for the disposition of one’s digital assets after death. Accounting for digital property in your estate plan has become essential. Fortunately, it’s relatively simple to do. To begin preparing for the transfer of your digital assets, keep a thorough list of your digital assets and update it frequently; review the terms of service of your providers for procedures to backup and transfer those assets; and discuss your options for the transfer of these.

Why is this important?

Without proper planning, the asset or portions of the asset may not be transferred to those beneficiaries as you intended. Second, failing to properly plan for the transfer of digital assets can create losses to your estate financially and to your heirs emotionally.  For example, if you receive only digital statements for your bank or brokerage accounts, your estate representative may not be aware of the existence of these financial accounts, even though they can be easily transferred by visiting the brick-and-mortar location. Providing a list of the digital assets, including these financial accounts, will alert your estate representatives to their existence and location.

What can you do now?

There are several steps that you can take now to prepare for your digital assets to be properly transferred at your death. Start by creating a list of your digital assets, their respective passwords, and location in which each is stored. If your digital assets are social media accounts such as Google email or Facebook, make sure to review the terms of service for the instructions of restrictions regarding the transfer of the asset. Next, determine who should receive each of your digital assets that are transferable.

Once the above is completed, you should save the assets stored on your computer into something tangible such as an external hard drive in a secure place. Unlike other assets, it is possible to make multiple copies of digital assets and leave the digital assets to more than one beneficiary. Make sure to let your family members or friends know how to access your list. Finally, work with an estate planning attorney to update your wills, powers of attorney, and any revocable trusts.  They should include language giving lawful consent for providers to access the digital assets to the appropriate people.

If your estate plan doesn’t account for digital assets properly, your heirs may not have access to them. Talk with your attorney about the steps you can take now, and check in regularly, to update your estate plan to accommodate any changes in the law or in your digital property. Consult with one of our experienced attorneys today by scheduling an appointment at (614) 452-9724. We look forward to working with you!

The information presented here has been prepared by Charles H. McClenaghan, LLC, for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Charles H. McClenaghan, LLC, enters in to a written engagement agreement with a specific client for a specific legal matter.

LEGAL NOTICE:  THIS MESSAGE IS AN ADVERTISEMENT AND SOLICITATION.

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The best time to plan your estate is now. Individuals put off estate planning because they think they don’t own enough, they’re not old enough, they’re busy, think they have plenty of time, or they just don’t want to think about it. Believe it or not, you have an estate. Your estate consists of everything you own when you die, including your car, jewelry, home, other real estate, checking and savings accounts, investments, life insurance, furniture, retirement plans, etc. If you die without a will or living trust, state law will determine how most of your belongings are distributed, and the result may not be what you would want. By forming an estate plan, you can protect your assets and family’s interest in the manner you want to.

No matter how large or how modest, everyone has an estate and something in common—you can’t take it with you when you die. Estate planning should always be done with your goals and objectives in mind.

What are the type of questions you should be thinking about?

If you are incompetent or unable to make decisions, who will call the shots?

Who gets what when you are gone?

Trust…Will… Both? What makes sense for you?

If you have a surviving spouse, does it all go to your spouse?

Who will take care of your children and pets?

Do you want to plan for your elderly parents?

How can I plan for future grandchildren directly rather than have them receive their parent’s share of my estate?

What can estate planning accomplish? What CAN you control?

• Reduce Estate Taxes
• Protect your family’s privacy by preventing your will from becoming a public record
• Avoid a Mess
  • Avoid Probate
  • Reduce stress for your loved ones
• Protect your spouse, children, and pets
• Choose a guardian and an inheritance manager for minor children
• Protect your children’s inheritance who may need future protection from creditors or possible divorce
• Provide for children and family members with special needs
• Protect assets from creditors
• Protect assets from ending up with unintended beneficiaries
• For children, control the time, amount, and conditions for when they receive their inheritance
• Provide enough cash to meet expenses and prevent the forced sale of assets
• Include instructions for your care if you become disabled before you die
• Eliminate family messes when you are gone
• Control all your assets while you are alive and healthy
• Choose who will have the control and make health care decisions for you in the event of your incapacity

Don’t be caught off-guard and unprepared when incapacity or death happens. What you put in writing now can always be changed later. In fact, this is how estate planning should be done as your life progresses. Another benefit from estate planning is having a peace of mind and knowing you have a properly prepared plan in place- A plan that contains your personal instructions and will protect your family. This is one of the most thoughtful and considerate things you can do for yourself and for those you love. Don’t wait – start or update your estate plan today!

Becca Hamilton is a Law Clerk at Charles H. McClenaghan.  To read more about our firm, please visit www.lawdublin.com.

The information presented here has been prepared by Charles H. McClenaghan, LLC for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Charles H. McClenaghan, LLC enters in to a written engagement agreement with a specific client for a specific legal matter.

LEGAL NOTICE:  THIS MESSAGE IS AN ADVERTISEMENT AND SOLICITATION.  TO OPT OUT OF FUTURE MESSAGES, PLEASE REPLY TO: BECCA@LAWDUBLIN.COM WITH “UNSUBSCRIBE” OR SEND REGULAR MAIL TO:

CHARLES H. MCCLENAGHAN

3956 BROWN PARK DRIVE, SUITE B

HILLIARD, OH  43026

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