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Blog

How to Plan For Your Family – The Furry, Winged, or Scaled Ones

Seth Bier · December 14, 2022 ·

When planning for our own future, our pets are often overlooked. A Pet Trust ensures your pet is cared for after you’re gone.

Did you know that nearly 1 million pets are euthanized each year in the U.S. because they’ve been abandoned?  Over half of these cases are due to the death or disability of their human companions.  What’s worse is that those pets could have been protected with just a little planning. Think about it: what will happen to your pet if you become disabled? What if you’re no longer able to speak for yourself? How can you make sure that your beloved animal doesn’t end up in a shelter somewhere? Or worse, alone on the streets? Because sadly, it happens all the time.

When friends and family of a deceased pet owner are not willing to care for an orphaned pet, an unfortunate common practice is to drive the pet far away from home and dump it.  This once-cherished family member is now forced to fend for itself in a world in which it is not equipped to do so. There are few happy endings to this situation.

Our Introduction to the Horrific Practice of Pet Dumping

Leann and I first learned of this heartbreaking practice when we rescued our cat, Charlie. If we’ve spoken on the phone, you’ve likely heard him since he’s now deaf and doesn’t know how loud he is! If you’ve met with me on Zoom, he’s surely pounced on the desk mid-call. He will often paw at me for attention, or playfully (debatable) attack my arm during meetings. We aren’t sure if we saved him or he saved us — probably a little of both. But I share his story with you so you can make sure nothing like this ever happens to your own fur babies.

Meet The Tramp

In the fall of 2010, Leann was performing in a play in The Valley. The small theater didn’t have much space, so when she was not on stage, she and the other actors would congregate on an old couch in the alley behind the theater. One rainy night, Leann and her friend Royana were approached by a soaked, emaciated, sickly looking cat they had seen a few nights in a row. They didn’t have much in the way of food, but Roy offered the little guy a Dorito, and he ate it as if his life depended on it (which it might just have).

One of the actors offered to take the cat, but had to go back to his home country to deal with Visa issues. He asked if anyone else would take him until he returned. Leann’s big heart couldn’t say no, and we corralled this frightened feline into our SUV.

We got him home, dried him off, and went to the store to get him food. He was happy to eat, but we noticed that he wasn’t able to walk in a straight line. Something was definitely wrong. We quickly took him to our local VCA Animal Hospital.

The vets were able to stabilize him with antibiotics and electrolytes but then came to us with a surprise.  Charlie (since we found him in an alley behind a theater and he is black and white we thought “The Tramp” and named him Charlie Chaplin) was microchipped. Meaning, someone had him chipped with a device to identify him should he ever get lost.  That meant someone cared for him and was probably looking for him! Or so we thought.

Pet Planning
Charlie at the hospital

The Search is On

The VCA explained the protocol for a chipped animal. They had to try to contact the owners — first by phone, and if they couldn’t reach the owners by phone, they would need to send a letter by mail, allowing the owners two weeks to respond.

They called the owner but didn’t get a response. Next, they mailed a letter to the owner’s address. It came back undeliverable but with a forwarding address.  The forwarding address was over 45 miles away from where we found him. The vet said it was looking more like an example of what he called Pet Dumping; he had seen it countless times. However, they had to follow protocol and sent a letter to the new address, allowing another two weeks for a response.

All the while, we had to leave Charlie in their facility.  We visited him at least once a day, as did Royana. We will always remember the moment he first started playing with our shoelaces – he was warming up to us!  Leann and I were becoming pretty attached to the little guy, and we started secretly hoping he wouldn’t be claimed. (He just joined me on my desk between me and my keyboard. I am now typing with my right elbow pointing to the sky so he can lay beside me.)

The Tramp Becomes Sir Charles

The new two-week period passed, and after an entire month in pet jail, Sir Charles was finally considered officially abandoned and we were allowed to adopt him. We were elated.  Thirteen years later and he is still the feisty, finicky feline he’s always been. The vet estimates him to be about 18 years old now, but he hasn’t slowed down and still wakes me up 3+ times per night. (He’s earned the nickname Chuckzilla for that wonderfulness.)

Pet Trust
13 years later @Chuckthedeafcat

How Pet Planning Changes Everything

The vet believed Charlie was most certainly a victim of Pet Dumping.  The owner had likely passed away and the family drove 45 miles to ensure the cat couldn’t find his way home. We were horrified that this was something people did, and that there was actually a term for it.  

When I meet with clients who have pets that have not considered any sort of planning for what will happen when they aren’t around, I tell them this story in the hope that they will at least make some arrangements for someone to care for and protect this vulnerable member of their family.

When it comes to planning for your pet, there are many options and one must consider not only what will happen to your pet when you pass, but also in the event you become disabled or incapacitated.

There are informal options, such as 1) speaking with your loved ones and determining who would be willing to take or adopt your pet; or 2) writing a Letter of Final Wishes to your family where you tell them all about your companion and how you hope they will care for him or her. A copy of this letter is included with your planning documents so it will be easy to find.

There are also formal methods of planning for your pet. In a comprehensive, Trust-based plan, you can include Pet Provisions that provide money from your estate to a named caretaker, or you can create a full-blown Pet Trust where you name a Trustee to manage the care of your pet with funds you set aside. And because a Pet Trust is fully enforceable by the courts, you can rest easy knowing that your pet’s well-being will always be safe.

Prevent your pet from becoming another abandonment statistic. Give us a call today or contact us through our website – together, we can make sure your pet has a happy, healthy life.

Pet Planning with a Pet Trust
Chief Resting Officer at Bier Law

Common Mistakes in Estate Planning – Part V

Compliments of Bier Law · December 7, 2022 ·


The documents an individual creates to protect their family are only part of the story.
 When it comes to planning for your family, all the pieces matter. A qualified Estate Planning attorney will help you create a complete estate plan that protects your assets, accounts for future needs and concerns, and provides for your family after you’re gone.  Read on to learn more.

The American Dream…Turned Nightmare

Seth Bier · November 30, 2022 ·

Putting Your Trust In The Right Estate Planning Attorney (For You) Will Make All The Difference

We all want to live the American Dream, and the Fernandez family, through hard work and perseverance, achieved their dream. But when it was time for their estate plan to pass on their hard-earned family legacy, their dream turned into a nightmare.

Jose and Rita Fernandez lived the American Dream. They met in high school in southern California, both first generation Americans. They got married and started their family soon after graduating high school.

Jose and Rita worked hard at the local dry cleaners. First mopping floors, then steam-pressing clothes in the sauna-like, windowless central operations cleaning facility far from the fancy, pristine storefronts that customers see when dropping off and picking up. They would come home stinking of perc, the chemical used to ‘clean’ the clothes, but never complained. They both moved up through various positions, eventually becoming integral parts of the company with Jose managing operations and Rita greeting customers as the face of the business at the flagship store.

After the birth of their third daughter, they decided to chase their dream. With the help of family and friends, Jose and Rita opened their own small neighborhood cleaners. Behind their cramped storefront they cleaned and pressed clothes, all in one space. They did it all themselves, just the two of them, but their years of experience in almost every possible position, along with long days and nights, made it a success.

To commemorate their first sale, Jose and Rita saved the first dollar bill they were ever handed in The American Dream Cleaners. It was framed and hung on the wall next to their licenses and growing collection of business and community service awards.

They were meticulous and driven.

Their love kept them going through the tough times, and their constant smiles and personal greetings kept their loyal customers coming back. Within a few years, they had opened their own central operations facility and had three storefronts throughout the South Bay.

The Legend of Jorge

Jose and Rita bought a house, a home in which to raise their daughters Aracely, Laurita, and Beatrice. The first thing they hung on the walls in this symbol of American success was their first dollar bill, now affectionately called Jorge after the first president who graced the denomination. They proudly hung Jorge next to their front door, partly to remind them of where it all started every time they go out into the world.

Life was good. As the girls grew up, Jorge took on a greater role – his serial number becoming the family passwords while his frames got fancier and fancier. Jorge made his way into every one of the family’s yearly Christmas card photos, held proudly by that year’s winner of their fiercely competitive Monopoly game.

The girls started their own Jorge tradition, which their parents soon followed, where they would kiss two fingers and touch Jorge on the way out of the house for good luck and then once again when returning home, thankful to return safely.

Jorge became so important to the family that Aracely named a son Jorge, Laurita used George for one of her son’s middle names, and Beatrice’s baby girl was named Georgina.

Not All Estate Planning Is Equal

Jose and Rita loved what they had built and were often amazed by it all. But they knew it wasn’t just luck. It took hard work, persistence, and planning. Jose and Rita were planners, and recognized that once they had a family, they needed to protect it. They knew they needed to plan in case something happened to them and hired an estate planning law firm to help them.

They filled out forms with all their family information and met with an attorney for a half hour. The attorney advised them to set up a Revocable Trust to protect them from probate and use a Will to name guardians for their children should something happen to them before the girls turn 18. He stated that when they died, each daughter would inherit one-third of their estate, and suggested they name their favorite siblings as their trustees and agents. Jorge and Rita were concerned about so many different things, including how the business would work if divided in thirds and who would run it, but a plan was written and presented before they could get the answers they wanted. They assumed the attorney knew what he was doing, and trusted his advice to first get their personal lives protected and deal with the business ‘down the road’.

With a plan in place, they believed they could relax. Although they never looked at their plan again, for the next few decades, life was still good.

All three girls, now young women, worked in the family business. Aracely was being groomed to manage it all while Laurita went to business school. Beatrice stayed in the business, but secretly longed to follow her own path. The family remained close, living and working together in harmony until, one morning, when Jose was 67, he never woke up.

Jose Dies and Their Plan is Put to its 1st Test

Jose died peacefully in his sleep. The family was, of course, devastated, and Rita’s broken heart damaged her far worse than any disease could.

Rita decided she could no longer live in the home she shared with her best friend and lover for decades; the emptiness was unbearable. Besides, the kids were all grown, and she didn’t need the big house. But really, she just wanted to escape from the sadness.

However, when she met with a realtor, she found out that the lawyer never took the time to change their ownership from joint tenancy to community property when he retitled it into the name of their family trust. As a result, she was looking at hundreds of thousands of dollars in capital gains taxes that would wipe away their investment in real estate. This forced her to remain in the home she hoped to escape to save money for her daughters to inherit.

The girls did their best to be around for their mom. Each would take time to visit with her, even stay overnight with her, but they had their own families now and couldn’t always find the time. But every holiday, this close-knit family came together at Rita’s home for grand celebrations. These were Rita’s best days. Watching her kids, even though there were in their thirties, still act like they did when they were teenagers, brought her back to happier times. All her grandkids got along as if they were siblings — she and Jose had built not just a family business, but a family legacy that looked like it would keep the family close and loving forever.

Rita Dies Of A Broken Heart And Their Plan Is Put To Its 2nd Test (Time For Their Estate Plan To Protect Their Family)

After the holidays, when regular life resumed, times were tough for Rita. Eventually, being alone in that big house with just memories of Jose was too much, and finally she succumbed to her broken heart.

The girls had to pick up the pieces. They thought they could rely on the old, never-reviewed estate plan, but they soon learned that it actually put Jose and Rita’s legacy in jeopardy. The only plan was that the girls would each inherit one-third of the family home and a few bank accounts. Aracely wanted them to sell the home and split the proceeds, but Laurita and Beatrice wanted to move their families into it. There was also no plan for the business – who would own it, who would run it, etc.

The girls argued and fought over what should happen. Aracely wanted to run the biz but Laurita, with her newly minted college degree, thought she was better suited for the task. Meanwhile, Beatrice finally let them know that she didn’t want anything to do with it. She wanted her sisters to buy her out so she could go her own way and stay out of the Aracely/Laurita feud.

No one could agree on any plan, each certain that she knew what her parents would have wanted them to do. It was a mess that turned into the nightmare Jose and Rita thought they avoided by having a plan. There was no order, no peace, and now so much of what they had worked their whole lives to build for their family was going to be wasted on lawyers and court costs.

The battle moved to court, where a judge — not Jose and Rita — made the final decisions. The court battle eventually came to an end, and as usual, no one was happy. Aracely, Laurita, and Beatrice were forced to sell both the home and the business (far below market value) and split the proceeds. Hundreds of thousands of dollars of their parents’ hard-earned wealth were wasted and the family, once as close as could be, was hanging by a thread.

No One Planned For Jorge (The True Price Of A Dollar Bill)

Before the family home was packed up and sold, Beatrice visited to take everything that was important to her, from family photo albums to her mother’s favorite pendant to the Monopoly game. When her sisters found out they were not happy, but it wasn’t until they opened the front door and saw the empty spot where Jorge used to be, that things turned truly ugly. The legal battle was nothing compared to the all-out war that was about to be waged.

Laurita tried to create a plan, making a schedule where each would have Jorge one-third of the year, but her sisters wouldn’t have it. Conversations became screaming matches, and this dollar bill, not the million-dollar house or successful business, tore the family apart. Soon the screaming matches became silence, and the sisters refused to speak with each other.

Jorge was their breaking point. He was the last vestige of mom and dad, their American dream, all they did for their girls and their families, and the war for his control lasted the rest of their lives. This piece of sentimental memorabilia, a dollar bill, something easy to plan for with the right attorney, tore the family apart.

The girls never really spoke to each other again. Their kids, once virtually brothers and sisters, never saw each other at holidays or special events like Quinceañeras and weddings. From time-to-time Georgina would sneak a peek at her aunt’s or cousin’s social media and think about what could have been.

Jose and Rita’s American dream became a generational nightmare for their family even though they hired a lawyer and paid good money to create their estate plan. They put their trust in their attorney, but because their estate planning attorney just assumed what they wanted and didn’t take the time to get to know what’s important to them, their one-size-fits-all documents didn’t protect anything.

Imagine if Jose and Rita would have felt comfortable enough to ask the questions they wanted answered. If the attorney had empowered them by teaching them the basics of estate planning so that they could be truly involved in the planning and make informed decisions rather than feel intimidated by the attorney and the process and not knowing what they don’t know.

Every family is unique, every dream is unique, and every proper estate plan must be as unique as the family it protects.

Watch our on-demand webinar today to arm yourself with the knowledge of The Basics of Estate Planning, then schedule a free personal consultation with attorney Seth Bier.

Be Informed. Be Prepared. Be Free.

Common Mistakes in Estate Planning – IV

Compliments of Bier Law · November 23, 2022 ·

With the proliferation of the internet has come a plethora of websites claiming that individuals may take a “Do It Yourself” approach to Estate Planning. While individuals may think that a plan created by one of these companies will meet their needs and save them money, the opposite is true. These plans often fail to contain necessary provisions and usually cost the family more in attorneys’ fees. In addition, a Trusts and Estate practitioner can alert a family to techniques designed to lower the tax burden upon the death of an individual. It’s easy to make costly mistakes if you don’t have an attorney both at the drafting stage and the administration stage of Estate Planning. Read on to learn more.

Common Mistakes in Estate Planning – Part III

Compliments of Bier Law · November 16, 2022 ·

Those who take the time to create an Estate Plan usually desire to keep it private and to ensure that no beneficiary can alter the plan after their death. Sometimes, the desire to maintain privacy backfires and produces unanticipated consequences, such as litigation. Read on to learn more.

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