RobRoy's blog

I consider myself a person of faith.  And although I strive to be sensitive to those of other faiths (and to those who eschew faith altogether), I believe strongly that the First Amendment to the U.S. Constitution lies at the foundation of what makes the United States great and strong.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

You have likely noticed by now that the the media is all abuzz about the conflict raging between American religious leaders and the Obama Administration’s proposed policies regarding mandated health care coverage.  If you’re not yet familiar with this subject, here is a short article from Reuters news service on the issue.

It is becoming more common these days for families to own vacation homes. Often, these second homes become the center of a lifetime of fond memories for generations. In many cases, the sentimental feelings attached to these vacation homes are more pronounced than the feelings attached to the family’s actual residence. It’s not hard to see why.

In our regular homes, kids do homework, complete chores, get disciplined by parents, etc. But at a vacation home, parents tend to relax, kids make fun memories with aunts, uncles, cousins, and siblings. There are often fun activities and lots of good food that go along with the time spent there.

Over the holidays I had the opportunity to spend a few days with my family at just such a vacation home. It was hard to come back to reality after that weekend, but I so enjoyed watching my kids have the time of their lives with their cousins playing in the snow, wrestling, playing hide and seek, beating their uncles in checkers and more.

Merry Christmas! December and all of the holiday celebrations that this month brings has finally arrived. My kids are bouncing off the walls already. Last night, I took each of them to the store to help them pick out presents for their siblings and mother. After we got them all wrapped back at home, our little girl asked if she was going to get to open them tomorrow. I told her, “No. We still have about 20 days before you can open them.” I couldn’t help but feel her pain as a drawn-out whimper of despair escaped her lips while she tried to comprehend the eternity of the next 20 days. Ahhh, waiting for Christmas morning. What torture!

December is also a big birthday month in my family. Last Saturday I had the chance to go with my nephew Talmage to Guitar Center to help him look for a new electric guitar that his parents wanted to get him for his birthday. Of course, my doing so wasn’t entirely selfless as I will jump at any opportunity to go to Guitar Center and play with the big boy toys that fill my dreams on these long winter nights.

It is not uncommon for my office to receive a call from a panicked family member of an elderly individual. The call may go something like this:

Caller: Hi, I'm calling to see how much it costs to get some estate planning done for my mom.

Paralegal: We'd be happy to help you if we can. Why don't you first tell me a little bit about your mom.

Caller: Okay. Well, mom's not doing too well these days. She's in an assisted living facility and mostly doesn't recognize us anymore. Although she sometimes has good days, most of the time she's confused and is asking for her husband who died three years ago.

Paralegal: Okay. What kind of property does your mom have?

Caller: Well, she has a home that's paid for. She has a brokerage account, a checking and savings account, some farm land in Tooele and I think she has some municipal bonds that she invested in once. But I'm not really sure.

Paralegal: Does your mom know what property she owns and does she understand its value?

Caller: Oh heavens no! She put me on her checking account years ago because she was so overwhelmed with trying to manage her finances. I don't think she has a clue how much she owns, nor could she keep it straight even if we told her.

Paralegal: I think we can help you, but you'll need to meet with an attorney to discuss some of the legal implications of your mother's situation.

Although this above excerpted conversation is a fictitious example, and a very abbreviated one at that, it illustrates a trap that many people fall into with regard to estate planning.

This week, my eight year old boy came home from school telling me all kinds of things that he had learned in school about the first two World Wars. With his eyes wide, he said that one of his friends had a grandpa who had been in WWII. It dawned on me that he didn’t realize that he too came from a family with a history of service in the military.

I had the opportunity to go grab a copy of one of my history books about World War II and together with my boys and my wife we spent a good deal of time talking about my grandpa, his service in the Army in Europe during WWII and about the incredible sacrifices made by so many for the freedom of not only our own countrymen, but of people throughout the world. It was a proud moment for me to be able to share with my children how their great-grandfather put everything on the line to defend innocent people and put down evil men. I saw the admiration and pride in their eyes and was grateful that we celebrate Veteran’s Day for that reason.