Creating a Legacy of Giving: Family Philanthropy and Charitable Planning for the Holidays

As the holiday season draws near, it’s a meaningful time for families to reflect on the values that matter most. Beyond gift-giving and celebration, this time of year offers a unique opportunity to discuss charitable giving as a family, creating traditions that build a lasting legacy. When families come together around shared philanthropic goals, they cultivate a sense of connection, establish values for future generations, and make a positive impact on their communities.

Why the Holidays Are Ideal for Charitable Conversations

With the family gathered for the holidays, this is a natural time to discuss charitable giving as part of your estate planning. From grandparents to young children, each family member can contribute, share their passions, and learn about the benefits of giving back. These conversations don’t only shape financial habits but also provide an invaluable opportunity to share family values and create a lasting sense of purpose across generations.

Establishing a Legacy of Giving Together

Charitable giving serves as a bridge connecting family members of all ages. Older family members can share why philanthropy is important to them and encourage younger members to choose causes that matter to them. Giving each child or grandchild a small allowance to donate fosters a sense of responsibility and helps them feel their opinions have an impact on the world around them. This shared tradition doesn’t just strengthen family bonds; it reinforces the values and priorities that each generation can carry forward.

Volunteering together is another powerful way to experience the importance of giving firsthand. Families who volunteer at local charities or community events often find that these experiences create cherished memories while instilling the value of service.

Tax Benefits of Charitable Giving: A Win for Your Family and Your Legacy

While the primary goal of giving is to make a difference, charitable contributions offer tax benefits that can complement your estate plan. For many families, charitable giving aligns well with both financial planning and legacy-building, making it a win-win situation. Working with a knowledgeable estate planning attorney ensures you choose the most tax-effective strategy while aligning with your philanthropic goals.

Choosing the Right Vehicle for Charitable Giving

Selecting the right giving method is essential to make the most impact with your contributions. Estate planning attorneys and financial advisors working together can ensure that your charitable giving aligns with both your estate plan and your financial goals.

Creating a Charitable Giving Tradition for Future Generations

A well-thought-out charitable plan goes beyond financial benefits; it establishes a tradition of giving that families can carry forward. Including younger generations in discussions with your financial advisor or estate planner can help them learn about budgeting, planning, and making wise financial decisions. By involving children and grandchildren, you are teaching valuable lessons that transcend finances and foster empathy, gratitude, and a commitment to community well-being.

Charitable giving is about more than financial contributions; it’s about creating a legacy that reflects your family’s values. This holiday season, start or expand the conversation, and discover the joy of giving back together.

The Year-End 2024 Estate Planning Crunch: What to Do Now

As we approach the final months of 2024, it’s crucial to pause, assess, and prepare for changes impacting your estate plan. With numerous new regulations, evolving laws, and economic uncertainties, now is the time to evaluate your plan and adjust it to secure your legacy. Here’s a guide to the key issues you need to consider, why timing matters, and how Cain, Cain & Janik can help you navigate this complex landscape without relying on automated AI solutions.

Corporate Transparency Act: Act by December 31, 2024

The Corporate Transparency Act (CTA) is a significant shift for business owners, especially those with control over various entities. The new reporting requirements, due by the end of the year, extend beyond just filling out forms. The CTA could impact trusts, dissolve entities, and even require updates to shareholder agreements. Noncompliance penalties can be as steep as $600 per day per infraction, or up to two years of jail time, so tackling this now is essential.

2026 Tax Exemption Reduction: Begin Planning Now

In 2026, the estate tax exemption is set to be halved, but waiting until next year could complicate your options. Actions like setting up Spousal Lifetime Access Trusts (SLATs) or retitling assets should be done over multiple tax years to avoid triggering IRS scrutiny under the reciprocal trust and step transaction doctrines. Planning before December 31, 2024, allows for greater tax efficiency, offering your estate more protection when the exemption change hits.

Election Uncertainty: Preparing for Any Outcome

The 2024 presidential election may bring significant changes to estate tax policy. Preparing flexible options now—such as establishing grantor trusts or retitling assets—will ensure you have strategies ready to adapt to any policy shifts. Cain, Cain & Janik can help you design a plan that accommodates these potential changes.

Final SECURE Act Regulations: New Rules for IRAs Starting January 1, 2025

The SECURE Act brings final rules affecting retirement accounts, including IRAs held in trusts. If your plan involves minors or other beneficiaries, take advantage of the new regulations for multi-beneficiary trusts and ensure compliance with the ten-year rule for required minimum distributions. Thoughtful tax planning, especially with Roth IRAs, can maximize tax-free growth and align with your broader estate plan.

Increased IRS Audits on High-Income Taxpayers

The IRS has increased its audit rates for high-net-worth individuals by 50%. Now is the time to address any potential vulnerabilities in your tax strategy before receiving an audit notice. By working with Cain, Cain & Janik, you’ll ensure your estate plan is as robust as possible.

The Importance of Human Expertise in Estate Planning

At Cain, Cain & Janik, we believe that estate planning requires skilled expertise and nuanced insight. One-size-fits-all approaches overlook critical details that affect your unique goals and family dynamics. We work closely with each client to develop personalized strategies that adapt to today’s rapidly changing legal landscape.

Don’t Wait—Start Planning Today

The year-end rush is here, and the complex changes in estate planning regulations mean there’s no time to delay. Cain, Cain & Janik is ready to help you review and adjust your estate plan to meet your needs, now and in the future.

Stay Ahead with Cain, Cain & Janik’s Estate Planners for Life Maintenance Program

In times of constant change, keeping your estate plan up-to-date is essential. Our Estate Planners for Life maintenance program offers an easy way to stay on top of legal, tax, and regulatory updates like those happening now. Our EPFL clients receive regular reviews, personalized updates, and proactive recommendations, ensuring your plan always aligns with the latest laws and your evolving needs. Protect your legacy with peace of mind, knowing you have a dedicated team keeping your estate plan current. Request a consultation to learn how you can become an Estate Planner for Life!

Estate Planning Myths Debunked: Separating Fact from Fiction During National Estate Planning Awareness Month

October may be the month for spooky tales, but there are some real myths about estate planning that can haunt you if you believe them. As part of National Estate Planning Awareness Month, let’s debunk some common misconceptions about estate planning so you can make informed decisions about your future.

  • Myth 1: Only wealthy people need estate plans.
    This myth is far from the truth. Estate planning isn’t just for the ultra-wealthy. If you own a home, have any savings, or have children, you need an estate plan. It ensures your assets go where you want them to, not where the state decides.

  • Myth 2: Estate planning is only for the elderly.
    Estate planning is important for adults of all ages. You never know when an accident or sudden illness might occur. By having a will, a trust, or a power of attorney, you’re prepared for the unexpected, regardless of your age.

  • Myth 3: Once I create my estate plan, I’m done.
    Life changes, and your estate plan should, too. Marriage, divorce, new children or grandchildren, and changes in financial status are all reasons to update your plan. If it’s been years since you last reviewed your estate plan, it’s time to look it over.

  • Myth 4: A will is all I need.
    While a will is a great starting point, it’s not the only document you need. Powers of attorney, trusts, and advance directives are equally important for ensuring your wishes are carried out in all situations.

Don’t let these myths misguide you. This Halloween season, it’s time to face the facts and take control of your future.

Ready to bust these myths? Request a consultation today here, or register for a workshop here to learn more about how estate planning can secure your legacy.

The Importance of Reviewing Your Estate Plan: A Lesson from Experience

Mark thought he had everything figured out. He had met with a lawyer years ago to create a solid estate plan, one that he believed would take care of his family if anything happened to him. He filed the documents away and didn’t think much of them again—until life started to change.

Mark’s kids grew up. His eldest daughter got married, and his youngest moved across the country to start her own family. Meanwhile, Mark’s financial situation had changed as well. He’d invested in a small business that had taken off, significantly increasing his wealth. But in the back of his mind, Mark always figured his old plan was enough to cover it all.

Then came the phone call. His daughter’s marriage had ended abruptly, and suddenly, Mark realized his old estate plan named his now ex-son-in-law as a beneficiary. Panic set in. “What else have I overlooked?” he wondered.

When Mark came to us at Cain, Cain & Janik, he learned that his situation wasn’t uncommon. So many people create an estate plan and then file it away, assuming that it will stay relevant forever. But life changes—just like it had for Mark—and estate plans need to change with it.

Together, we revisited Mark’s estate plan and uncovered other issues:

  • Outdated Beneficiaries: Not only did his ex-son-in-law still stand to inherit assets, but his growing wealth also meant that his original will no longer reflected the full scope of his estate.

  • Changes in Law: Tax laws had shifted since he originally set up his plan, and without updating it, Mark’s family could face significant estate taxes that he hadn’t accounted for.

  • Evolving Family Dynamics: Mark wanted to leave more to his grandchildren so that he could help them with their education, but his old plan didn’t reflect this. Updating his plan allowed him to address these evolving family needs.

That day, Mark walked out of our office with a plan that was up-to-date, clear, and tailored to his current circumstances. He felt a sense of relief knowing that his hard-earned assets were secure, and his family was protected the way he intended.

Don’t wait until it’s too late to review your estate plan. Whether your family, finances, or the law has changed, regularly updating your estate plan ensures that it always works in your favor. Request a consultation today here, or register for a workshop here to learn more.

How Estate Planning Can Support Your Physical and Mental Well-Being

As we get older, staying healthy becomes more than just eating right and staying active. It’s about making sure all the pieces of our lives are in place so that we can truly enjoy the years ahead. A well-crafted estate plan can be a powerful tool in supporting not just your financial security but also your physical and mental well-being.

Reducing Stress Through Planning

I once met a man named George, a retired engineer who had always been meticulous with his finances but hadn’t thought much about estate planning. After his wife passed away, George found himself overwhelmed with decisions—where would he live if his health declined? How would his children handle his affairs? The uncertainty weighed on him, and he knew he needed to do something about it.

George decided to work with Cain, Cain & Janik to get everything in order. They discussed his goals, his concerns, and his vision for the future. Together, they created a plan that covered his living arrangements, medical care, and financial management. With everything documented and legally binding, George felt a huge weight lifted from his shoulders. He could now focus on enjoying his time with his grandchildren, knowing that his affairs were in order.

Having a clear plan not only reduced George’s stress but also gave him peace of mind. He no longer had to worry about what might happen; he knew his wishes would be respected, and his family wouldn’t be burdened with tough decisions.

Ensuring Access to Necessary Care

George’s story also highlights another important aspect of estate planning—ensuring access to the care you might need as you age. Like many people, George wanted to stay in his home as long as possible, but he knew that might require in-home care at some point. His estate plan included provisions for long-term care insurance, which would cover the cost of in-home assistance or a nursing facility if needed.

By planning ahead, George ensured that he wouldn’t have to rely solely on his savings or burden his family with the cost of his care. This not only protected his financial assets but also allowed him to maintain his independence for as long as possible. Knowing that he had a plan in place for his future care made George feel more secure and allowed him to focus on the present, enjoying his hobbies and spending time with loved ones.

Maintaining Independence

Independence is something we all cherish, especially as we age. Estate planning can play a crucial role in helping you maintain control over your life. For George, this meant setting up a durable power of attorney and a Health Care Power of Attorney—two legal documents that ensured his wishes would be followed if he could no longer make decisions for himself.

George appointed his eldest daughter as his power of attorney, giving her the authority to manage his finances if he ever became unable to do so. He also chose his longtime friend as his Health Care Power of Attorney, someone who knew him well and understood his preferences for medical care. These decisions gave George comfort, knowing that if anything happened, the people he trusted most would step in and make decisions that aligned with his values.

Having these documents in place didn’t just protect George; it also protected his relationships. His children didn’t have to argue or guess what he would have wanted—they knew because George had taken the time to plan. This allowed his family to focus on supporting him, rather than worrying about what decisions to make.

Embrace the Peace of Mind Estate Planning Brings

George’s experience shows how estate planning can do more than just secure your financial future—it can also support your physical and mental well-being. By reducing stress, ensuring access to necessary care, and helping you maintain independence, a well-crafted estate plan allows you to enjoy your golden years without the constant worry of what lies ahead.

If you haven’t yet taken steps to create or update your estate plan, now is the time. Not only will it bring you peace of mind, but it will also help you focus on what truly matters—living well and enjoying life to the fullest. We encourage you to schedule a consultation and register for an estate planning workshop. Take the first steps in protecting your legacy. 

Integrating Wellness and Estate Planning for a Fulfilling Retirement

Retirement should be a time of joy, health, and peace. As we age, caring for our physical, emotional, and financial well-being becomes increasingly important. At Cain, Cain & Janik, we believe the secret to a fulfilling retirement lies in weaving these elements together through thoughtful planning.

Let me tell you about Jane and Bill, a couple who recently came to me for help with their estate planning. They had just celebrated their 40th wedding anniversary and were looking forward to spending more time with their grandkids, traveling, and enjoying the hobbies they had put off for years. But there was a lingering worry—they hadn’t updated their estate plan since their children were young, and they weren’t sure if their healthcare wishes were clearly laid out.

Jane was in good health, but she’d always been a planner. She wanted to make sure that if something unexpected happened, her family wouldn’t be left scrambling. Bill, on the other hand, was more focused on enjoying life and didn’t want to get bogged down in the details. Yet, he admitted he’d feel more at ease knowing their finances were secure and their legacy protected.

We started by discussing their physical health. Jane and Bill both valued staying active—Jane loved her morning walks, and Bill was an avid golfer. They knew that keeping up with their physical well-being was crucial. So, we talked about creating a healthcare directive. This way, their healthcare preferences would be respected if they couldn’t make decisions themselves. For Jane, this was a relief. She knew her wishes would be honored, and Bill appreciated that their family wouldn’t face difficult choices during tough times.

Then we turned to their emotional well-being. They both found immense joy in their family—especially their grandkids. Jane mentioned wanting to leave something special for each grandchild, not just financially, but something meaningful that reflected her love and values. We discussed setting up a trust that would allow them to leave behind personalized gifts and memories, ensuring their legacy was about more than just money. Bill liked the idea, too—it gave him a sense of purpose, knowing they were leaving a lasting impact on their family.

Finally, we tackled their financial stability. Jane and Bill had worked hard all their lives, and they wanted to make sure their assets were protected. We reviewed their estate plan, made necessary updates, and set up strategies to minimize taxes and avoid potential complications. This gave them both peace of mind, knowing they could enjoy their retirement without financial worries hanging over their heads.

Jane and Bill’s story is a reminder that retirement should be more than just getting by—it should be about thriving. By taking steps to care for their physical, emotional, and financial well-being, they’re now enjoying their golden years with the confidence that everything is in place for their future and their family’s future.

If you’re thinking about how to make the most of your retirement, consider how your estate plan can support not just your financial goals but your health and happiness too. Cain, Cain & Janik is here to help you create a plan that reflects the life you want to live, now and in the years to come. We encourage you to schedule a consultation and register for an estate planning workshop. Take the first steps in protecting your legacy.

Parenting Your Parents

As your parents age, the roles can often reverse, with you taking on the responsibility of caring for them. This new phase of life, while rewarding, can also be challenging and overwhelming. Navigating the legal and financial responsibilities of being a caregiver is crucial to ensuring your parents receive the best care possible. Let’s explore the key areas you need to consider, such as power of attorney, healthcare decision-making, and long-term care planning.

Power of Attorney: Managing Finances and Health Decisions

Imagine Sarah, who suddenly finds herself responsible for her father after he suffers a stroke. With no power of attorney in place, Sarah struggles to manage his finances and make healthcare decisions on his behalf. Establishing a power of attorney beforehand could have provided her with the legal authority to act in her father's best interest.

A power of attorney allows you to make financial and healthcare decisions for your parents if they become incapacitated. There are two main types:

Financial Power of Attorney: This grants you the authority to manage your parents’ financial affairs, such as paying bills, managing investments, and handling property transactions.

Healthcare Power of Attorney: This enables you to make medical decisions on behalf of your parents, ensuring their healthcare preferences are respected.

Healthcare Decision-Making: Ensuring the Right Care
Consider Tom and his mother, Maria, who has been diagnosed with Alzheimer’s. As her condition progresses, Tom needs to make critical healthcare decisions, from choosing care facilities to coordinating with healthcare providers. By having a healthcare directive in place, Tom can ensure Maria’s wishes are honored and that she receives the appropriate care.

A healthcare directive, or living will, outlines your parents’ medical treatment preferences. It’s essential to have these conversations early and document their wishes to avoid confusion and stress during medical emergencies.

Long-Term Care Planning: Securing the Future

Linda, a mother of two teenagers, finds herself juggling her family’s needs while also arranging care for her aging mother. Linda’s mother requires long-term care, but without a plan in place, the financial burden falls on Linda. Planning for long-term care in advance can alleviate this stress and provide peace of mind.

Long-term care planning involves evaluating options like in-home care, assisted living, or nursing home care. It’s important to consider the financial implications and explore resources such as long-term care insurance, Medicaid, and veterans’ benefits.

Story of Success

Let’s look at the story of Mark and his father, Jim. When Jim started showing signs of dementia, Mark took proactive steps to ensure his father’s well-being. He worked with an estate planning attorney to establish a durable power of attorney and healthcare directive. Mark also researched long-term care options and found a reputable assisted living facility. By planning ahead, Mark was able to provide his father with the best possible care while maintaining his own peace of mind.

Caring for aging parents requires careful planning and a thorough understanding of legal and financial responsibilities. At Cain, Cain & Janik, we are here to support you through this journey. Contact us today to schedule a free consultation or register for our upcoming estate planning workshop. Let us help you navigate the complexities of caregiving and ensure your parents receive the care they deserve.

Taking on the role of caregiver can be challenging, but with the right resources and support, you can provide your parents with the care and respect they need. Start planning today to ease the burden and focus on what matters most—cherishing the time with your loved ones.

Strategies for Passing Down Assets to Future Generations

Imagine sitting around the dining room table, surrounded by your family, and feeling a sense of pride knowing that the legacy you’ve built will benefit not just your children, but also your grandchildren. This is the power of effective multigenerational wealth transfer. As adult parents in your peak earning years, you’re working hard to accumulate wealth, and now it’s time to think about how best to pass those assets down to future generations.

The Importance of Planning

Take the Martinez family, for example. Sarah and David Martinez, both successful professionals, have spent decades building their wealth. They want to ensure that their assets are transferred smoothly to their children and grandchildren, avoiding unnecessary taxes and family disputes. They know that without a solid plan, their wealth could be significantly diminished or cause rifts within the family.

Strategies for Successful Wealth Transfer

Trusts: Protect and Control Your Assets

Trusts are powerful tools for transferring wealth across generations. They allow you to set conditions for how and when your assets are distributed. For instance, the Martinez family created a revocable living trust, ensuring their children receive their inheritance at a mature age and under specific conditions that promote financial responsibility. Trusts can also help reduce estate taxes and avoid probate, making the process smoother for your heirs.

Gifting Strategies: Share the Wealth Now

Another effective strategy is gifting assets during your lifetime. This not only reduces the size of your estate (and potentially the estate tax burden) but also allows you to witness the benefits of your generosity. Sarah and David decided to gift a portion of their assets to their children each year, utilizing the annual gift tax exclusion. This way, they can provide financial support when it’s most needed, like helping with a down payment on a house or funding their grandchildren’s education.

Family Meetings: Communicate and Educate

Open communication is key to a successful wealth transfer. The Martinez family holds annual family meetings to discuss their estate plans, financial values, and the responsibilities that come with inheriting wealth. These meetings foster transparency and trust, ensuring that everyone is on the same page and reducing the likelihood of misunderstandings or conflicts in the future.

Story of Success

Let’s look at the story of Robert and Linda, a couple in their 50s who sought to create a legacy for their children and grandchildren. They worked with an estate planning attorney to establish a comprehensive plan that included setting up a family trust, implementing a strategic gifting plan, and holding regular family meetings. When Robert passed away, Linda found comfort in knowing that their assets were protected and would benefit their family for generations to come. Their children appreciated the clarity and fairness of the process, and the family bond remained strong.

Planning for a multigenerational wealth transfer may seem daunting, but with the right strategies and professional guidance, you can create a lasting legacy for your family. At Cain, Cain & Janik, we specialize in helping families like yours navigate the complexities of estate planning. Contact us today to schedule a free consultation or register for our upcoming estate planning workshop. Let us help you ensure your hard-earned wealth benefits your loved ones for generations to come.

Your legacy is more than just money; it’s the values and principles you instill in your family. Start planning today to make sure those ideals are passed down along with your wealth.

Honoring Our Fathers

A Father’s Day Tribute from Cain, Cain & Janik

This Father’s Day, Cain, Cain & Janik, Estate Planners for Life, pays tribute to all fathers. Since our founding by Marty Cain and Tamara Cain in 2009, and later joined by Mitch Janik, our law firm has always recognized the vital role that fathers play in shaping strong, secure families. We pay special tribute to our clients who are fathers. By completing your own estate planning, you have shown immense care and responsibility for your children and your entire family’s future. We have been honored to help you in this journey.

We also want to acknowledge and celebrate our Planning Partners – bankers, accountants, financial advisors, insurance advisors, and other professionals who are fathers and who work diligently to ensure the financial well-being of our mutual clients. Your expertise and diligence and care make a profound difference in the families we serve together.

Marty, Mitch, and Tamara would like to especially pay tribute to the remarkable men who shaped us into the individuals and attorneys we are today. Our firm stands on a foundation of ethics, integrity, and hard work—principles instilled in us by our own fathers, Gene Cain, Ray Janik, and Grant Irwin. Our practice is built on the core values and lessons passed down from our own fathers.

Gene Cain served the citizens of Western Oklahoma as a highway patrolman and as the Sheriff of Caddo County for many decades. From Gene, Marty learned the importance of ethics, integrity, and a servant attitude. These values guide Marty in every decision he makes at our law firm about our relationship with our clients. This servant mindset is at the heart of Marty’s approach to client service, ensuring that our firm remains committed to serving our clients’ best interests.

Mitch Janik learned the values of hard work, managerial skills, and commitment from his father, Ray Janik. Ray’s incredible work ethic and dedication to excellence set a powerful example for Mitch. These traits have been crucial in Mitch’s approach to law and leadership within our firm. Ray’s influence is evident in Mitch’s unwavering commitment to the firm’s growth and success, ensuring that we always strive to provide the best service to our clients.

Our other founding partner, Tamara Cain, believes that she owes much of her business success to her father, Grant Irwin. Grant’s unrelenting optimism, entrepreneurial spirit, and constant encouragement were instrumental in the creation and growth of our practice. His business acumen and visionary outlook were handed down to Tamara, providing she, along with Marty and Mitch, the tools needed to build and sustain a successful law firm. Without Grant’s influence, Cain, Cain & Janik might not exist today. His legacy of encouragement and visionary thinking continues to inspire our firm’s growth and innovation.

As we celebrate Father’s Day, we honor Gene Cain, Ray Janik, and Grant Irwin for their invaluable contributions to our lives and our firm. Their lessons and legacies continue to shape Cain, Cain & Janik, guiding us as we serve our clients with integrity, vision, and dedication.

Happy Father’s Day from all of us at Cain, Cain & Janik.

Very Sincerely, Tamara Cain