Judi Setzer, PA.

Sometimes after the selection, when a couple is passed over by a birth mother, couples ask me if there is anything they can do differently.  They have been waiting so long…. Is their profile not complete enough?  Do they not have enough pictures?  Do they not say enough about themselves?

What I say to them, and to you, if you have been waiting, longing for a child, and feel as though you are never going to see that dream happen, is the following.

Your profile is GREAT.  Your pictures are wonderful. Your narrative makes every person who reads it want to be part of your family.  So stop worrying about that part of the selection process. A birth mom may say that she is looking for a particular situation – no children, more than one child, biracial, Caucasian only, outside your state, inside your state – whatever those criteria may be, she can articulate them.  There are other qualities she may not even be able to identify in her own mind that that make up the selection process as well.  You never know what part of your story is going to resonate with a birth mom.  It may be that you live in the mountains, or the types of pets you have (or don’t), it may be something you say about how you grew up.  The possibilities are endless, and unascertainable.  So stop worrying, and PRAY.  Pray for the women who are in crisis pregnancies.  Pray for the women who are scared and broke and cannot feed another mouth.  Pray for the women who have been dumped by yet another guy who said he loved her and wanted to marry her, only to leave her when she told him she was pregnant.  Pray for the women bound by addiction and   Trust God, that He will bring you the child you were meant to have.  And He will.

Filed under: Uncategorized by admin Thursday, March 21st, 2013
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Here is a wonderful post addressing the possibilities and mindset you can have with the woman who gave birth to the child that you are raising, that you call son or daughter.  She is not a threat!  And there can never be too many people loving a child.

http://ariannamadelyn.blogspot.mx/2012/06/things-i-wish-all-adoptive-parents-knew.html

Filed under: Uncategorized by admin Wednesday, March 13th, 2013
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The end of the year will be here before we know it. But there is still time to get some major estate planning goals accomplished. Here are ten things to do before the end of 2012.

1. Have your estate planning done. Set the end of the year as your deadline to finally get this completed. Figure out why you have been procrastinating and conquer your fears. If it’s because you don’t have an attorney, ask friends and acquaintances for referrals. If it’s because you aren’t sure who you want to be the guardian for your minor children or who you want to be your executor or trustee or how to divide your estate, your attorney can help you decide. (You can always change your mind later; don’t let these decisions keep you from putting a plan in place now.) If money is an issue, start with what you can afford (a will, power of attorney, health care documents) and upgrade later when you can. Your attorney may also be willing to accept payments.

2. Review and update your existing estate plan. Personal and financial circumstances will change throughout your lifetime, and your plan needs to change with them. Revisions should be made any time there are changes in your family (birth, death, marriage, divorce, remarriage), your finances, tax laws, or if a trustee or executor can no longer serve. Now is a perfect time to do this; if there are changes you want to share with family members, you can do that when they are home for the holidays. (See #9 below.)

3. Use your $5.12 million exemption. For the rest of this year, every American can transfer up to $5.12 million free of federal gift, estate and generation-skipping transfer tax. (A married couple can transfer up to $10.24 million.) If Congress does not change the current law, the federal estate tax exemption in 2013 will be just $1 million. You do not have to die in 2012 to use this exemption; you can use it to make gifts now, while you are living. You do not have to completely give away your assets; you can make the transfers in ways that will let you keep control and even keep the income your assets are generating. And you do not have to use the full $5.12 million exemption to benefit; even those with less than $1 million should consider some planning to prevent future tax liability.

4. Make tax-free gifts. Under current federal law, you can give up to $13,000 to as many people as you wish each year. This is a great way to reduce the size of your estate (and potentially save estate taxes) over time. For example, if you give $13,000 per year to your two children and three grandchildren, you would remove $65,000 from your estate in just one year and $325,000 in five years. (You can double these amounts if you are married.) Charitable gifts are unlimited. So are gifts for tuition and medical expenses, if you give directly to the institution.

5. Secure/update health care documents. At the minimum, everyone over the age of 18 needs 1) a Durable Power of Attorney for Heath Care, which gives another person legal authority to make health care decisions (including life and death decisions) for you if you are unable to make them for yourself; and 2) HIPPA Authorizations, which give written consent for doctors to discuss your medical situation with others, including family members. In addition, a Revocable Living Trust is preferable over a Will at incapacity because it can prevent the court from controlling your assets.

6. Review/update guardian for minor kids. It is quite likely that the person you name as guardian for your children when they are small will not be the best choice as they get older. Also, this person could change his/her mind, move away or even become ill or die. Revisit your choice from time to time, and name more than one in case your first choice cannot serve. Remember, if you haven’t named a guardian who is able and willing to serve and something happens to you, the court will decide who will raise your kids.

7. Review/update beneficiary designations. This is especially important if your beneficiary has died or if you are divorced. If your beneficiary is incapacitated or is a minor, setting up a trust for this person and naming the trust as beneficiary will prevent the court from taking control of the proceeds.

8. Review/update your insurance. Check the amount of your life insurance coverage and see if it meets your family’s current needs. Consider getting long-term care insurance to help pay for the costs of long-term care (and preserve your assets for your family) in the event you and/or your spouse should need it due to illness or injury.

9. Talk to your children about your estate plan. You don’t have to show them bank and financial statements, but you can talk in general terms about what you are planning and why. The more they understand it, the more likely they are to readily accept it—and that will help to avoid discord after you are gone. You can also talk to them about your values and the opportunities that money can provide. Even better, show your values by doing—the holidays are an excellent time for families to do charitable work together.

10. Get basic documents for your unmarried kids who are over 18. It’s a mild shock when we learn we can’t see our college kids’ grades without their permission, even though we pay the tuition. It can be much worse if they become ill. Unmarried adults (18 and over) need to have a Durable Power of Attorney for Health Care and HIPPA Authorization so you can act on their behalf in a medical emergency. (See #5 above.) And, while you’re at it, go ahead and have your attorney prepare a Simple Will and Durable Power of Attorney. Hopefully, these will not be needed but if an event does occur, you will be glad you have them.

Filed under: Estate Planning, Uncategorized by admin Thursday, November 1st, 2012
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You’ve made the decision to adopt, you’ve contacted an attorney and  adoption agencies, paid money, sent profiles, you have completed a home study, maybe you’ve even decorated a room …. and NOW …….. you wait.  You wait for a phone call; you wake up every day wondering if this will be the day when it comes, and go to sleep wondering if it ever will.

First and foremost, get to know God.  He is the one in charge, who is guiding the process.  Look to HIM; get to know Him!  When you read His Word, and spend time with the Creator of the universe, the Author and Perfecter of the faith, then you get to know that He is GOOD.  And when you know that He is good, you trust Him.  And when you trust Him, you look at anything that happens, or doesn’t happen in your life as oming from the hand of God.  And since God is GOOD, then what He’s doing in your like must be for your good (I know, it doesn’t seem like that at all, but trust me on this one)

You see, God isn’t interested necessarily in your personal happiness or fulfillment.  What He’s interested in is your holiness, your devotion to Him, and your obedience.  Romans 8:28 says “and we know that all things work together for good, to those who know God, to those who are called according to His purpose.  When you understand this, and begin to look at your life and circumstances through God’s eyes, there comes a point where what you want lines up with what God wants, and anything and everything that happens in your life you can accept and have peace about because you have your spiritual filter on.

God is in control, and He will not leave you forsaken, He has a plan for you, and He loves you!!  Let Him work.  Don’t fight what He’s doing, but let Him have control.  Stop worrying and trust Him!  He knows what He’s doing.  He’s God, remember?  And His plan is so much better than anything you could have cooked up on your own.  I know – I have messed up my life on numerous occasions.

I prefer to place it in His hands and trust that he will take care of me and all of my need.  ”And I know that my God shall supply all of your needs according to His riches in glory in Christ Jesus.”  PHIL. 4:19

He is good, He’s taking care of you, so stop worrying, and look around you.  Look for the opportunities that lay before you every day to serve, to bless someone, and to further the kingdom.  When you are doing what He’s called you to do He will most certainly provide for you and bring joy into your heart, no matter what.

Filed under: Uncategorized by admin Thursday, July 14th, 2011
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Many American families have been inquiring whether they would be able to help during the crisis by adopting Japanese children who have been left orphans as a result of the disaster.

U.S. officials are reminding prospective parents that Japan’s adoption policy has not changed as a result of the recent disaster. Approximately 32 Japanese children were adopted by U.S. families in 2010.

Filed under: Uncategorized by admin Monday, June 20th, 2011
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There are a number of relatively simple strategies an organization can use to provide significant protection for its assets.

1. Separate Entities. Consider creating a separate entity (possibly a limited liability company) to hold real estate, machinery, or assets relating to a new line of business. If there were a future judgment against the corporation, the assets held in the separate entity or entities would likely not be subject to that judgment as long as appropriate formalities were followed. Tax issues can arise in connection with the transfer of assets, and these should be considered prior to any transfers. For example, the transfer of real estate out of a C corporation into a limited liability company could trigger a significant amount of tax, and thus make the transfer impractical. But if additional real estate or a significant piece of machinery or equipment is being acquired, having a new limited liability company purchase it (and then lease it to the corporation) could have significant advantages.

2. Limited Liability Companies. A limited liability company (“LLC”) is a hybrid type of legal entity that has some characteristics of a corporation and some characteristics of a partnership.

1. Owners of an LLC are called members;
2. They can elect to receive pass through tax treatment like a partnership or an S corporation, or to have the LLC taxed like a C corporation;
3. They have limited liability like in a corporation;
4. They have a great deal of flexibility in management structure.

LLCs can provide significant asset protection advantages. A creditor of an owner of a corporation (that is, a creditor of a stockholder) often can gain control of a corporation by getting control of the owner’s stock. Creditors will have a much more difficult time gaining control of an LLC. Thus, many business owners now prefer to form an LLC instead of a corporation when the need for an additional entity arises.

3. Insurance. Review all of your business insurance with both your attorney and your insurance agent. Since your attorney is not selling any insurance products, he or she can often provide an objective review of the types and amount of your business insurance. Having adequate insurance is one of the most important (and generally one of the most cost effective) ways to provide protection for your business.

4. Update Corporate Records and Follow Required Formalities. Many closely held businesses do not keep their corporate record books up to date. In the event of a lawsuit against the company, a plaintiff’s attorney can attempt to “pierce to corporate veil”. This means the corporation will essentially be ignored and the owners (shareholders) will be personally liable for the corporate debts.  Following basic corporate formalities, including

1. Holding an annual shareholders meeting;
2. Holding regular meetings of the Board of Directors;
3. Avoiding any mixing of personal and corporate assets; and
4. Keeping corporate records up to date.

will all help to insure that the assets of the owner(s) of the business are insulated from any judgment against the business. One of the many advantages of an LLC over a corporation is that LLCs require fewer formalities in both their organization and operation. However, piercing of the LLC veil is also possible under various circumstances, including inadequate capitalization or failure to maintain a separate indentity (for example, failing to have a separate bank account for the LLC).

5. Business Succession Plan. Many business owners lose sleep worrying about lawsuits and other potential legal claims. While these concerns are often justified, more businesses collapse from lack of a business succession plan than from a lawsuit bought by a party unrelated to the business. Lack of such a plan can lead to fights among family members, including litigation, which can be disastrous at both a business and a personal level. Paying attention in advance to at least some form of succession plan can save an enormous amount of trouble later. Life insurance should be considered as one part of the business succession arrangement. Good business succession planning is also a form of asset protection planning.

6. General Legal Review of Business Operations. Is your business in compliance with applicable employment laws and other regulatory requirements? Has your employee manual been reviewed recently? One lawsuit will likely cost far more than a basic legal compliance review. A legal “check up” is like a medical check-up: identifying one or more serious problems and taking care of them now can avoid a much greater problem later.

Filed under: General by admin Friday, April 29th, 2011
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This week a client situation occurred where the issue came up – whether a new Florida resident has to file something with their county court in order to register their homestead as being exempt from civil creditors. Sections 222.01and 222.02 of the Florida Statutes provide means by which a Florida resident may claim homestead exemption and notify judgment creditors of the property’s exempt status either before or after a judgment has been entered against the them.  The question was whether these statutory procedures are required to exempt homestead from creditors. The answer is no. Florida courts have held that no declaration or any other act of a property owner is required to make the owner’s primary Florida residence an exempt asset if the facts otherwise indicate that the property is the owner’s domicile. I know of no case in either state court or bankruptcy court which has held that failure to use the procedures of Sections 222.01 or 222.02 disqualified a debtor’s homestead exemption. The statutory procedures are expressly optional: they state that people “may” use these procedures. In a court case, if you show that a particular Florida property is your primary residence you will be afforded homestead protection. Using the declarations and procedures in these statutes will not harm your position, but are not required and as a practical matter are not given substantial weight in court.

Filed under: General by admin Friday, April 29th, 2011
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