Shafae Law

Shafae Law

Shafae Law is a boutique law firm providing comprehensive estate planning, trust, estate, probate, and trust administration services located in the San Francisco Bay Area.

Filtering by Tag: immigrant families

7 Estate Planning Myths You’ll Hear at Thanksgiving Dinner (and How to Gently Correct Them)

Thanksgiving is one of the few times each year when multiple generations sit around the same table, passing plates and stories. It’s also when the “family experts” confidently share what they’ve heard from a neighbor’s CPA’s cousin about wills, trusts, and taxes.

A lot of that advice is… not great.

Here are 7 estate planning myths you’re likely to hear over Thanksgiving dinner, plus some simple ways to respond without turning the mashed potatoes into a courtroom drama.

Myth #1: “We don’t have enough money to need a trust.”

You might hear this right after someone jokes, “When I die, just toss my stuff in a pile in the yard.”

The reality:
Estate planning is not just for the ultra-wealthy. In California, even modest estates can get dragged through probate, which is:

  • Public

  • Slow

  • Expensive

  • Stressful for the family at an already tough time

A revocable living trust can:

  • Keep things private

  • Avoid probate

  • Smoothly transfer the family home and other assets

  • Protect young or financially inexperienced beneficiaries

What you can say at the table:
“You know, it’s less about how much you have and more about making it easy for the people you love. Even a house and some savings can be enough to cause a legal mess without a plan.”

Myth #2: “My kids will figure it out when I’m gone.”

This usually comes from the “I don’t want to think about it” relative, often while they’re reaching for seconds.

The reality:
Your kids will figure it out — but probably by hiring lawyers, going to court, and possibly arguing with each other. “Let them figure it out” usually means:

  • Delays in accessing money to pay bills and final expenses

  • Confusion over who gets what

  • Hurt feelings (“Why do you get the house?”)

  • Potential long-term damage to relationships

What you can say at the table:
“Honestly, not making decisions is still making a decision — you’re just choosing court and conflict by default. A basic plan is one of the kindest gifts you can give us.”

Myth #3: “Everything automatically goes to my spouse, so I’m covered.”

This one shows up once someone mentions “community property” between bites of stuffing.

The reality:
It depends heavily on:

  • How your assets are titled

  • Whether you have a blended family

  • How California law impacts your separate vs. community property

Without proper planning, you can end up with:

  • A surviving spouse having to share assets with children from a prior marriage

  • A court deciding who gets what

  • The wrong people inheriting at the wrong time

What you can say at the table:
“It doesn’t always ‘just go’ to your spouse. It really depends how things are set up. A will or trust lets you decide intentionally instead of relying on default laws written for strangers.”

Myth #4: “I wrote my wishes in a notebook. That’s good enough.”

This comes from the DIYer who also insists they can fix the dishwasher with a butter knife.

The reality:
Informal notes, emails, or “letters of intent” are not the same as legally enforceable documents. They can be helpful to guide your family emotionally, but:

  • They usually don’t meet legal requirements for a will or trust

  • Financial institutions won’t rely on them alone

  • They can spark disputes (“Mom told me something different!”)

What you can say at the table:
“That notebook is a great start, but it’s more like a draft. You’d still want a proper will or trust so the law actually backs up what you wrote.”

Myth #5: “If I put my kid on the house or bank account, that solves everything.”

This myth often comes with: “My friend did it and it worked fine!”

The reality:
Adding a child to title or an account can create big problems:

  • Taxes: You may be making a large taxable gift without realizing it, or worse, giving your child a capital gains problem after they inherit.

  • Liability: If your child gets sued, divorced, or has creditor issues, your house or account could be at risk.

  • Family fairness: One child on the account may keep everything, even if you intended to split it equally.

A properly drafted trust or beneficiary designation usually works much better and avoids these risks.

What you can say at the table:
“It seems simple, but it can backfire. There are safer ways to make sure they can help you and still share things fairly when you’re gone.”

Myth #6: “I did a will years ago. I’m done.”

This one pops up right after someone proudly announces, “I checked that off my list 15 years ago!”

The reality:
Life changes. Your estate plan should change with it. You should review your plan when there are:

  • Births, deaths, or marriages in the family

  • Divorces or remarriages (especially blended families)

  • Significant changes in health or finances

  • Moves to a different state

  • New laws that affect taxes or probate

Old documents can:

  • Name the wrong people as guardians, executors, or trustees

  • Leave out new spouses/unmarried partners/stepchildren/grandchildren

  • Give control to ex-spouses or people you’re no longer close to

What you can say at the table:
“That’s great that you did it. But if it’s older than your youngest grandkid, it might be time for a checkup. Think of it like a financial oil change.”

Myth #7: “Talking about this will ruin Thanksgiving.”

This is the big one — the emotional myth behind all the others.

The reality:
Talking about your wishes is not morbid; it’s an act of love. Done well, it:

  • Reduces anxiety about the unknown

  • Builds trust and clarity among family members

  • Prevents future hurt feelings and surprises

  • Lets you share the “why” behind your decisions

You don’t need to go into dollar amounts or read your will out loud. Even saying, “We’ve worked with an attorney, we have a plan, here’s generally how it will work, and we love you,” can bring tremendous peace.

What you can say at the table:
“We don’t have to get into the weeds, but this is exactly the kind of time when we can talk about what matters most. It’s about taking care of each other, not about being gloomy.”

How to Bring This Up Without Being “That” Relative

A few practical tips if you want to open the door during Thanksgiving:

  • Pick your moment. Don’t launch into probate stories during the first bite of turkey. Dessert or a quieter moment with a smaller group is usually better.

  • Lead with care, not fear. Focus on love, gratitude, and wanting to make life easier for the family.

  • Ask questions, don’t lecture. Try: “Have you two done any estate planning?” or “If something happened, do you feel like things are set up how you’d want?”

  • Offer help, not pressure. “If you ever want to talk to someone about it, I know a good estate planning attorney who works with families all the time.”

A Gentle Next Step

If your Thanksgiving conversations reveal that:

  • There’s no will or trust

  • The plan is very old

  • No one knows where documents are

  • Everyone’s relying on guesses and myths

…that’s a sign it may be time for a proper review with a qualified estate planning attorney, especially in the state where your family member lives.

You don’t have to solve everything between the turkey and the pie. But planting the seed this Thanksgiving can save your family a lot of stress, conflict, and expense down the road — and that’s something everyone can be grateful for.

Talking About Estate Planning During the Holidays: A Gift That Lasts a Lifetime

The holidays are a time for family, celebration, and connection. While it may not be the most festive topic, discussing estate planning during this time can be one of the most meaningful conversations you have. Ensuring everyone in the family has a plan in place can bring peace of mind and strengthen your legacy.

Here’s how to approach these conversations with care and why it’s important.

Why the Holidays Are the Right Time

Holidays bring family together, often in a relaxed and open environment. This creates a unique opportunity to have important discussions face-to-face. Whether you’re talking to aging parents about their estate plans or encouraging adult children to start their own, now is the time to share thoughts, ask questions, and make plans.

Best Practices for Bringing It Up

Starting the conversation about estate planning can feel awkward, but a thoughtful approach can ease the tension.

  1. Choose the Right Moment
    Avoid bringing up the topic during a busy or stressful part of the holiday. Instead, find a quiet time, like after dinner or during a family walk, to gently introduce the subject.

    Example: “I’ve been working on updating my own estate plan, and it made me realize how important it is for all of us to have one. I thought it might be a good time to talk about this as a family.”

  2. Keep the Tone Positive
    Frame the discussion as a way to protect the family and honor their wishes, rather than focusing on the negatives of “what happens when…”

    Example: “Making sure everything is organized now can really help avoid stress later. It’s about making things easier for the people we care about.”

  3. Start with Your Own Plan
    Sharing what you’ve done with your own estate plan can make others feel more comfortable and inspired to take action.

    Example: “We recently created a living trust to make sure everything is straightforward for our kids. It’s been a relief to know it’s taken care of.”

Suggestions for the Discussion

  • For Parents:
    Ask if they’ve reviewed their estate plan recently. If they don’t have one, encourage them to meet with an attorney to create a will or trust.

    Tip: Offer to help them gather important documents or schedule a consultation.

  • For Adult Children:
    Emphasize that estate planning isn’t just for older adults. A basic plan, including a will, powers of attorney, and healthcare directives, is essential for anyone with assets or dependents.

    Tip: Share how your estate plan protects your family and invite them to think about doing the same.

  • For Siblings or Relatives:
    Discuss practical matters like who might serve as executor, guardian, or trustee and confirm everyone is on the same page.

Why This Matters

Without an estate plan, families often face confusion, stress, and financial strain during already difficult times. By encouraging your loved ones to take action now, you can protect their legacy and foster open communication that strengthens family bonds.

Let Us Help You Take the Next Step

Ready to get started? Whether you or your relatives need to create a plan or update an existing one, we’re here to guide you. Contact us today to schedule a consultation and give your family the gift of peace of mind this holiday season.

Estate Planning for Young Immigrant Families

As young parents who have recently immigrated to the United States, you face unique challenges in securing your family's future. Balancing professional responsibilities with raising small children is no small feat, and adding the complexities of being far from your home country and extended family can make it even more daunting. Estate planning is a critical tool to ensure your children are cared for, no matter what life brings. Here are some key considerations for immigrant families to address in their estate plans:

1. Temporary Guardianship of Minor Children

One of the most pressing concerns for young parents is ensuring their children are cared for if something unexpected happens. Designating a temporary guardian is essential for immediate care and stability. This individual can step in right away, providing short-term care until a permanent guardian can take over.

2. Coordination with Permanent Guardians Abroad

Many immigrant families prefer their children to ultimately reside with permanent guardians in their home country. This requires careful planning and clear instructions to ensure a smooth transition.

Coordinating with Permanent Guardians:

  • Choose Permanent Guardians: Select guardians in your home country who are willing and able to take on long-term responsibilities for your children.

  • Legal Coordination: Work with legal professionals both in the U.S. and your home country to ensure your guardianship designations are recognized and can be enforced.

  • Transition Plan: Develop a detailed transition plan that the temporary guardian can follow to transfer your children to the permanent guardians. This should include travel arrangements, legal permissions, and any necessary documentation.

3. Utilizing Professional Fiduciaries

With limited local support networks, immigrant families can benefit greatly from professional fiduciaries. These professionals can manage financial and legal matters, ensuring that your estate is handled according to your wishes.

Benefits of Professional Fiduciaries:

  • Expertise: Professional fiduciaries have the expertise to manage complex financial and legal issues, which can be particularly useful if your assets are spread across multiple countries.

  • Impartiality: They provide an impartial approach to managing your estate, which can help avoid potential conflicts among family members.

  • Continuity: Professional fiduciaries can provide continuity and stability, ensuring your estate plan is executed smoothly.

4. Building a Local Support Network

Creating a local support network is crucial for both everyday support and in times of emergency. Here’s how to build one effectively:

Community Involvement:

  • Join Local Organizations: Participate in local community groups, schools, and cultural organizations. This can help you build relationships with other parents and community members.

  • Volunteer: Volunteering at your children’s schools or community centers can expand your network and provide additional support resources.

Professional Advisors:

  • Estate Planning Attorneys: Work with an attorney who understands the unique needs of immigrant families. They can help navigate the complexities of cross-border estate planning.

  • Financial Advisors: A financial advisor can assist with managing your assets and ensuring your financial plan aligns with your estate planning goals.

  • Healthcare Professionals: Establish relationships with local healthcare providers to ensure your family's medical needs are met.

Estate planning is a critical step for young immigrant families to ensure their children’s future is secure. By designating temporary and permanent guardians, utilizing professional fiduciaries, and building a local support network, you can create a comprehensive plan that addresses your unique needs. Taking these steps will provide peace of mind, knowing that your children will be cared for and your wishes will be honored, no matter what the future holds.

For personalized assistance with your estate planning needs, contact an experienced estate planning attorney who can guide you through the process and help you create a plan tailored to your family’s circumstances.


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