Friday, June 18, 2010

Being Ready


Having just completed a Technical Animal Rescue Course (with Swiftwater Component), I have been thinking about being ready. As a 54 (almost 55) year old man, jumping into Class III rapids in a drysuit, helmet, and rescue vest did not seem like such a great idea… once I did it. The first few moments were actually terrifying as I could not get a breath. Then, as I adjusted to the thrashing water and allowed my equipment to buoy me, I relaxed and worked my way out. I eventually drifted onto a flat boulder that created a huge eddy, kind of washed up on it actually, and caught my breath. A deputy sheriff in my class swam up and said, "Boy, I saw you floating peacefully to the rock and figured you really knew what you were doing. So I followed you over." Of course I said, "That was the plan." Yeah. Right.

Like standing on the Top of the World.

Most of us jump into things then get surprised about what happens next, just like me in the middle of the Skykomish River. Yes, I had some great training, great equipment… but I lacked experience. Now that I have some, I can see how things could have been handled better. That's what experience teaches… how to get a better result next time.
Doing it oneself is the American way. We prize the solitary win. I just wonder at the cost, sometimes.

My practice is all about readiness.  I am your readiness coach for disasters and also everyday occurrences.  While I focus on legal tools and strategies, and integrate my advising with financial advisors and CPAs, I also want to help my clients and their families be physically safe and secure.

Here are some tools you can use to plan so you can protect yourself and loved ones from harm.  If you want to know what's up in Western Washington, here is how to get alerts: http://www.rpin.org/rpinweb/AllHazards.aspx

First, prepare your family using some handy forms: http://www.ready.gov/america/publications/allpubs.html

Second, if you are a business owner, you should check out this link to prepare your business for natural disasters: http://www.ready.gov/business/publications/index.html.

You can even prepare Muffy and Fluffy… after all, pets are fuzzy people too.

Take care. And please contact us at Brislawn Lofton, PLLC if you would like our help to bulletproof and arrange your legal and financial affairs for success.

Tuesday, June 15, 2010

Resurrection of the Death Tax?

The absence of rules for the estate tax is concerning.  Greg Turza is a fellow estate planning attorney who practices in Skokie, IL.   He read a recent article on the estate tax situation, and what follows is his summary.  His post also includes a link to the more detailed article.  And you are welcome to contact me with any of your questions.   

The good news is the estate tax is repealed! The bad news is, not for long. Since Bush's 2001 tax cuts went into effect the exemption from estate taxes climbed year by year from $1 million to a high of $3.5 million in 2009.

This year, 2010, is the repeal year but the Bush administration could never garner the 60 votes he needed in the senate to make the repeal permanent.
The consequence is the so-called "sunset" rule. As of January 1, 2011 the law automatically goes back to the way it was in 2001. In the case of the estate tax that means only a $1 million exemption and a top 55% tax rate.

The Obama administration advocates extending the 2009 exemption of $3.5 million on a permanent basis. This appeared to be where the Senate was headed on May 18th when an agreement was reached that had the support of more than 60 senators.

But the deal fell apart when the Democratic leadership decided that it will not allow the legislation to come to the floor for a vote unless the legislation has the support of more than half of the Democrat's 59 votes. Since the Democrats lack 50% support within their party the legislation failed.

Regardless of what happens there will be an estate tax next year. The only question is whether the exemption will be $3.5 million or $1 million –and $ 2.5 million is a huge difference in the plans for millions of taxpayers.

For the full story click here.

The “up-in-the-air” situation with the estate tax is concerning.  It is best to have a plan of action that you can execute quickly once the direction is finally established.  If you’d like to discuss ways to assemble a plan in advance, either comment on this blog with your questions or call me to meet in person.     

 

Thursday, June 10, 2010

Listening is Key with Aged Adults

Mary Lynn Pannen is one of the nation’s leading experts on Geriatric Care Management and Home Care for seniors. As President of Sound Options, she has built a very successful home care business in the Puget Sound region.  Mary Lynn recently described her company’s service this way: “Able to transform potentially stressful circumstances into readily manageable solutions, Sound Options works with clients with a wide range of needs and medical conditions.” I was struck with how similar her mission is to my mission in constructing comprehensive and well-thought-out estate plans.  For those of you wrestling with plans for your older adult parents, I thought you would benefit from this recent blog post by Mary Lynn.

One of the reasons that I am intrigued with working with older adults is their life stories. I really like listening to how a person summarizes their life or how they remember the simplest detail. Listening is a pleasure and it is so important while helping older adults live out the last chapters of their lives. One can learn so much by listening. As an adult child you may hear things you never knew before and that may allow you to see your parent in a different light. You may learn the very reason for why your parent made decisions – good or bad. I find listening creates for me more understanding and that at the end of the day we all have similar wishes and desires.

  1. If possible have your older parent participate in planning their care
  2. Create a safe environment for your parent
  3. Provide quality of life- this will be different for each person.
  4. Talk about the old times. Reminiscing can be very satisfying to both your parent and you.
  5. Do not make promises you cannot keep
  6. Make sure that their end of life desires are fulfilled
  7. Do not forget that your parent is an adult – not a child
  8. Provide ways for your parent to remain as safely independent as possible

Planning and sensitivity becomes even more important with age.  And it is even more important to address the personal as well as the factual elements of the situation.  If I can be of assistance in “transforming your potentially stressful circumstances into readily manageable solutions”, please, let’s talk.  Call me.

Tuesday, June 1, 2010

A word or two about ethics brings the comfort of confidentiality

Meet one of my fellow Wealth Counsel attorneys, Suzann Beckett. Suzann is a colleague who practices in Connecticut, and she recently posted to her blog this reminder of ethics guidelines as they apply to sharing confidential information.

Perhaps one of the least talked about aspects of working with a lawyer
is the fear some of us have of exposing our personal lives to a total
stranger. That reluctance takes a back seat in criminal law, where the
process you are thrust into isn't voluntary. But when considering the
larger decisions in life, opening the books on a lifetime of financial
acquisitions, debts, and concerns to a total stranger can lead some
people to avoid involving a lawyer when making long term plans.

Like most fears, the emotional reaction we have can be profoundly
counter-productive. Sadly, it isn't all that unusual for costly,
irreparable mistakes to be the result of our attempts to keep prying
eyes out of our business.

The key is to be selective. When you plan for the future, you don't
necessarily want to show the records of your financial holdings to your
hairdresser, or the guy who mows your lawn. But it would be a good idea
to come clean with the IRS on an annual basis. And although it may seem
counter-intuitive, the best way to maintain control of your wealth and
property over the long haul is to have an open, honest discussion of
your plans with a legal professional who has your best interest at
heart. Whether you are buying a home, building a business, filing for
bankruptcy protection, or planning for the handling of your estate, you
want to be the person in control - and you want the decisions you make
to be based on solid legal grounds, not a gut feeling that may or may
not stand up when you need it to.

Keep in mind that you are the customer, and the law is in a very real
sense, a service industry.

So rest easy when you think about laying open your books, and your plans
to a lawyer. The Bar Association holds lawyers to a very high ethical
standard
. Like your doctor, your lawyer is required by law to keep your
confidence. A responsibility that we take very seriously, and one that I
find comforting whenever I sit with a client who indicates the slightest
concern for the security of their personal information.

When serving as your legal counsel, it is my responsibility to act with your best interests at heart. This posting by Suzann Beckett is a concise reminder that my counsel to you is for you and in your best interest. When offering counsel in my professional capacity, it is always confidential and it is specific to your needs.

Sorting Out the Nerve Center of our Practice

I know this looks like a mish-mash of wires, but it is exactly what it seems like I’ve been trying to make sense out of for these past few weeks.  I’ve been working with technical folks as we design the technical support systems for our new offices.

Let’s face it, technology drives results these days.  With our move, we’re provided the opportunity to fashion a world-class technical nerve center delivering efficiencies for our private client practice.  The better the network, the more empowered every member of our team becomes to minimize the handling costs while maximizing the results for our clients.

So it’s wires, servers, networks, media, desktops, laptops, printers, etc.  It is amazing how much the production systems have changed in such a short time.  Our new offices were specifically selected to take advantage of our human scaled approach to the private client services we specialize in.  We’ll be operating in a cubicle-free zone where everyone is fully empowered to get things done ASAP using the most efficient of the new technologies.

We’ll be settled in by the beginning of summer, so we encourage you to come by to see how a highly proficient, tech-savvy, legal team operates in a human-scaled environment.  And you can enjoy the extra bonus of our free parking and easy access to the nice walking paths along the shore of Lake Washington -- offering some of the best views around.

Saturday, May 29, 2010

Remembering the Fallen and Those Who Still Serve

I was thinking about my father today. My dad was a Naval Aviator who flew a PBY Catalina. It was a big multi-engine plane that could land on water. It was used to land commandos behind the lines in the Pacific, to rescue downed pilots, and to conduct anti-submarine bombing patrols. I lost him in 1996 followed this year by my mom. Both of them spent their lives helping others and especially me. My mom would want me to reflect on my dad's service this weekend and to share a little of what he taught me about service to others, in his own quiet way.

Neil Brislawn was already an Ensign, stationed in California, when Pearl Harbor was bombed. The previous year he graduated from Aviation Cadet and Flight School (1940.) There were a number of guys from the Seattle area who did so as well, some of whom I have met.

On December 7, 1941, my dad was on his way to church. As he approached the Shore Patrol station at his base, a jeep careened past him. He pulled up to the gate, asked what that was about, and the SP at the gate blurted out "Sir, the Japanese just bombed Pearl Harbor." Dad whipped his car into a U-Turn and went to the hanger, fired up a PBY, and he and his crew were in the first patrol bomber to take off to see if an invasion fleet was coming…

My dad flew at the Battle of Midway. He flew in the Aleutians. He flew across Iceland, North Africa, and hunted German submarines from England. He never really talked very much about the war or about the friends he lost. He did tell me one or two humorous stories that occurred during the war – at least to me, an Army veteran. My favorite was the time he was asked to take a very unpopular flight surgeon on a check ride while stationed in England. This was required in order for the good doctor to collect flight pay, and apparently he hated flying but liked extra pay. Dad took him up in a two seat biplane, a Sopwith Camel like Snoopy flew in Peanuts.

My dad, the Squadron Executive Officer, decided to help the doctor gain new understanding about being a "Flight Surgeon." He took off, but started doing loops, barrel-rolls, and Immelman Turns, which essentially made the poor guy lose his lunch. But then, out of the sun, my dad spotted a Focke-Wulf 190, a feared and top-end German fighter. In his slow and unarmored plane, he was a goner. But he dove for the dirt, flew through the trees, dodged and weaved, and successfully stayed out of the German's gun sights. He figured that the German would have shot him down if he could, but the guy was low on fuel and so discontinued the "sport." My dad observed him wave, waggle his wings, and turn his plane in the direction of his home base across the English Channel.

There were other stories, more somber, such as a bombing run on an unknown submarine that was in his patrol area. But my father hated thinking about the war. He said they were all "just kids." While he did "what he had to do" it took a toll on him, and to his dying day he was haunted by all the death he saw but kept to himself. His commitment to his sailors was total. Even when his own father passed away, he only briefly took leave to come home and make sure his mom was okay, then he went back to his sailors to lead them through the war. He remained in service until 1949 or so and retired from the Reserves as a Lt. Commander (P) just shy of being promoted to Commander.

My dad inspired me to serve. I ultimately deployed as a Regular Army Infantry Officer (Ranger Airborne) for seven years, then left active duty for another eleven years or so in the Reserves. During that time I spent three years overseas working in NATO and a number of foreign army units, then following some advanced schooling spent my last three active years in the US. During that time I spent two of those years deployed to various deserts which allowed me to serve with an inspiring group of men and women, both enlisted and Officers. I worked a bit with the Marine Corps (Force Recon), the Air Force, and the Navy, mostly Seals. They were all dedicated, selfless professionals.

While I served during several conflicts such as Grenada, Somalia, Desert Storm, I never deployed into the combat our young service members see every day in Iraq and Afghanistan. It's a dangerous business being in the military and I saw soldiers die even in training, and lost friends during their combat deployments. Today I think of our young people serving today around the world, but mostly in Iraq and Afghanistan. These young people are just like my dad, his friends and fellow officers and the sailors they were honored to lead.

The military is an unusual group of people. Training orients service people to execute their mission, but the close bonds they form with each other means they think first of their buddies, to do their duty, and only then to worry about themselves. That is what it means to be a SERVICE member…

I think my dad's gentle example about what service meant to him was honed in the horrors of war. He was an Eagle Scout and that meant a lot to him, and he encouraged me to become one, too. It took many years for me to realize that my dad was simply a quiet hero. You see, it was not about medals or a rank. To my dad, it was about caring for his sailors and his duty to his country. He risked himself for all those he loved… including me, who did not come along until ten years after the war ended.

This Memorial day we should remember to actually say "thank you" to those people who put their lives at risk for us. I mean our First Responders (Police, Fire, EMTs, SAR Volunteers) as well as our military service members. Every one of these folks chose to serve because they care and they want to make a positive difference in our community and for our country.

I thank the good Lord that they do. These are the best America has to offer. And we have a lot to thank them for.

To all who serve, thank you. To those who have fallen, we remember and honor you. We are all very proud of you and thankful for what you did and still do at great risk to yourselves and your own families.


 

Rangers Lead the Way.

Wednesday, May 26, 2010

A Short Move Amps Up our Team

Many people dread a move, and I’ll admit that we’re not totally thrilled with packing up.  But we are very excited with our upcoming move to offices that we’ve custom-fashioned into the ideal environment to deliver on our commitment to “concierge-style” private client services. We’re eager for the step-up in capabilities.

We’ve met with 4 or 5 moving companies to get estimates for our move.  Based on the responsiveness of these companies, the economy is still a bit soft.  They were right on our door step and they were prepared to give quotes quickly.  The chosen moving company will be packing us up and moving us the lengthy distance of two blocks. (east one block and north one block) to our new architecturally distinctive offices offering their outstanding view of Lake Washington and Seattle skyline.

We expect to unpack those boxes with more enthusiasm than we packed them, and we’ll hit the ground running.  Of course, this seamless move is largely due to our loyal staff who has participated in the selection of the offices along with the preparation for the move.

The biggest changes for our clients: 

  • free parking,
  • a shorter commute from parking space to our reception area, and
  • a more striking view of Lake Washington

Come and check-out BrislawnLofton’s changes for the better.