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By Shawn Smith October 20, 2025
When most people hear the term estate planning , the first thing that comes to mind is a will. It seems simple enough: write down who gets what, sign it, and you’re done. Unfortunately, that assumption creates one of the biggest misunderstandings in estate planning. Here’s the truth: a will doesn’t avoid probate. In fact, it can guarantee it. What Probate Really Means Probate is the court process where a judge oversees the distribution of someone’s estate after they die. Sounds straightforward, but in reality it can be: Time-consuming: Probate can take months—or even years—to resolve. Costly: Court fees, attorney fees, and executor expenses add up quickly. Public: Probate is a public process, meaning anyone can look up details about your estate, assets, and beneficiaries. If your goal is to save your family stress, time, and money, relying on just a will won’t get you there. What Actually Keeps Families Out of Court The solution is a comprehensive estate plan that goes beyond a simple will. A well-designed plan often includes a revocable living trust, which allows your assets to transfer directly to beneficiaries without court involvement, as well as powers of attorney to ensure someone can manage your financial and health care decisions if you’re unable to. It also incorporates beneficiary designations to keep retirement accounts, life insurance, and certain bank accounts out of probate, along with advance directives that make your medical wishes clear and enforceable. Together, these documents provide complete coverage — protecting you while you’re alive and after you pass. Take the First Step Time to finally get your estate plan done? Start with a Peace of Mind Planning Session. We’ll walk you through your options and explain our flat fees. Book your discovery call HERE!
By Shawn Smith September 19, 2025
We all have an online life now, even if we don’t think of it that way. Your email, bank app, photo storage, and social media logins are all part of your “digital estate”. Unfortunately, most people have no plan in place for what happens to these things when they’re gone. So what does happen? Without a digital estate plan: Your family may not be able to access your accounts — even if they know your passwords. Your bills might keep charging. Important documents or memories could be lost forever. Worse, accounts could be hacked or misused, and no one would know how to stop it. It’s a mess — and it’s preventable. Here’s what you can do right now to start protecting your digital legacy: Make a list of your important accounts. Include email, banking, investment, cloud storage, social media, subscriptions, and anything with sensitive info. Decide who gets access. Choose a trusted person to take over if you can’t manage your accounts anymore. Use a password manager or secure place to store login info. Make sure someone knows how to find it when needed. Talk to your estate planning attorney. A good plan includes a digital asset provision and clear authority for your executor or agent to access your accounts. Start Planning Today Your online life matters—don’t leave it in limbo. From email to cloud storage, we’ll help you plan for your digital assets. Start by booking a Peace of Mind Planning Session. We’ll talk through your options, explain our flat fees, and if it makes sense to work together, go over next steps. Mention this blog and we’ll waive the $350 session fee. Click the link to start now! 
By Shawn Smith September 8, 2025
In July 2025, Congress raised the federal estate tax exemption to $15 million per person (or $30 million for married couples ). This means most families will not have to pay estate taxes when they pass away, as most Americans have significantly less. So, if taxes aren’t a concern, does that mean estate planning doesn’t matter anymore? Not even close. In fact, it matters more than ever —and here’s why: 1. State Taxes Still Apply Many states have their own estate or inheritance taxes, and their exemption limits are much lower. For example, New York’s exemption is currently around $6.9 million, and if your estate goes just a dollar over, you could lose the entire exemption. Even if you avoid federal taxes, your estate could still owe your state a big check. 2. Avoiding Family Disputes & Probate Estate planning is just as much about clarity, control, and peace of mind as it is taxes. Without a plan, your family could end up in court, fighting over your assets, or stuck in a years-long probate process. A thoughtful estate plan makes your wishes crystal clear and keeps your family out of conflict. 3. Protecting the People You Love Planning allows you to name guardians for your kids, protect inheritances from divorce or creditors, and ensure your healthcare and financial decisions are honored if something happens to you. It’s about protecting your legacy—not just your money. Now is the perfect time to create a plan that reflects your values, protects your family, and makes sure everything you’ve worked for is handled the right way. Take the Next Step Time to finally get your estate plan done? Start with a Peace of Mind Planning Session. We’ll walk you through your options and explain our flat fees. Mention this blog and we’ll waive the $295 session fee. Click on the link and start Here!
By Shawn Smith July 18, 2025
A beach house in Florida. A ski cabin in Colorado. A lakeside retreat in Michigan. Vacation homes are one of life’s great luxuries - a place to unwind, create memories, and escape the grind. But if you own property in more than one state, your estate plan needs to do more than simply “pass things along.” Because without the right planning, that second home could cause your family a real headache after you’re gone. The Hidden Problem with Out-of-State Property If your primary residence is in New York, but you own a vacation condo in California. If you pass away with just a will, both states may require separate probate proceedings - one in each jurisdiction. These are called ancillary probate. That means potentially two courts, two sets of lawyers, twice the time and twice the cost. What You Can Do If you want your family to avoid ancillary probate, one option is to place the property in a revocable living trust. This is the most common and flexible way to avoid probate in multiple states. The trust “owns” the home, so when you pass away, it can transfer to your beneficiaries without court involvement. A second option is to create a limited liability company (LLC). In some cases, especially if the property is rented or shared among multiple family members, placing the vacation home in an LLC can make sense for liability protection, tax planning, and smoother transitions. We Can Help We help families who own out-of-state real estate every day. Start by booking a Peace of Mind Planning Session. We’ll answer your questions, go over your options, and present our flat fees. Then, if we decide we’re a good fit to work together, we’ll discuss next steps. And if not, that’s fine too! Mention this article and we’ll waive the $275 session fee. Click on the link to start now!
By Shawn Smith July 11, 2025
Your estate includes more than you think—digital assets, memberships, even pets. Discover what’s included in our latest blog!
By Shawn Smith July 4, 2025
Success—whether it’s running a law firm or building your personal legacy—comes down to who’s around you. The right team, the right advisors, the right circle… it all matters. In our latest blog, we’re taking a lighthearted look at what Jimmy Buffett can teach us about surrounding yourself with the people who lift you
By Shawn Smith June 27, 2025
There’s a major change coming in estate planning, and it may affect your family without you even realizing it.
By Shawn Smith June 20, 2025
Estate planning isn’t just for the wealthy. In our latest blog, see how one family saved hundreds of thousands of dollars with a simple plan. From avoiding probate to minimizing taxes, this real story shows how powerful the right plan can be.
By Shawn Smith June 13, 2025
💭 Legacy isn’t just about wealth—it’s about values, memories, and meaning. Your estate plan can do more than distribute assets. It can share your story, protect traditions, and guide your loved ones long after you're gone. In our latest blog, "Passing Down More Than Just Money," we explore how modern estate planning includes passing down wisdom, wishes, and emotional legacies—not just financial ones. 📘 Read more about how to leave behind what matters most.
By Shawn Smith June 6, 2025
📜 You Signed Your Estate Plan—Now What? Completing your estate plan is a major milestone—but it’s not the final step. 🗂️✅ In our latest blog, we break down what comes after signing on the dotted line. From storing your documents safely to keeping your plan updated with life’s changes, The Smith Law Firm helps you make sure your wishes are honored—now and in the future. 🔍 Learn how to keep your estate plan strong, secure, and current. 👉 Read the full blog below!
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