The Law Offices of James A. Ward

The Law Offices of James A. Ward Welcome to The Law Offices of James A. Ward, your trusted estate planning partner! With dedicated expertise, James A. Secure your family`s future with us.

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Today and everyday, we remember and express our deepest gratitude for the  courageous men and women who gave everything ...
05/25/2026

Today and everyday, we remember and express our deepest gratitude for the courageous men and women who gave everything for our country.

05/21/2026

Sometimes Even Your Local Charity Might Get Greedy

I have a lot of clients who leave something to charity. For some, it’s a priority. For others, it’s only if their children and grandchildren all die before they die. Who gets it then?
Sometimes people name national charities, sometimes they name their local church, and sometimes they name a local charity.
In one case, I found out that the “charity” the client had named in an irrevocable trust was actually a “charity” owned and controlled by the attorney’s husband, who also happens to be an attorney, but uses a different last name. The clients were shocked, but unwilling to contact the IRS or the District Attorney because they thought that they might get dragged into something larger, or that they might be investigated and have to pay more taxes.
Despite what you may think, a lot of charities are operated only for the benefit of the founder or “owner” of the charity, and there is very little government oversight to see that the funds are used for the stated charitable purposes. On the one I uncovered locally, the $350,000 that will flow from my client to the charity will most likely be used for the attorney’s personal retirement expenses or pass to his own children. Really? YES!
I attended a tax meeting in Miami several years ago where they discussed a charity that had been set up following a devastating hurricane in the Caribbean. The man who established this particular charity had Hollywood friends who contributed millions of dollars to help the areas that were so severely damaged. Nice image, and nice that the Hollywood stars contributed, but how much actually went to the people who had suffered? According to investigators and tax filings, only about 1% of the money went to charitable causes. That’s not a typo. Let me spell it out. Less than one percent of the money contributed to the charity actually went to charitable causes.
Disgustingly unethical? Yes. Illegal? No.
A client of mine recently died. He had previously donated several hundred thousand dollars to a local charity. He had originally intended to donate more following his death, but as time went by, he had no contact with the charity and bit by bit he reduced the share intended to pass to the charity at his death. Rather than understand that circumstances change and donors can change their mind, the charity hired an attorney in an attempt to have the changes to the trust, which had occurred over almost ten years, set aside by the court. Really? The charity, rather than being grateful for the nearly $1 million that they had previously received, was setting up a shake down to get more.
If a disgruntled relative was filing the lawsuit, we would describe it as simple greed. But what if a lawsuit like this comes from a charity? I also call it simple greed.
Maybe the charity, despite having copies of the many trust changes, just thinks it’s “wrong” that they don’t get more. Maybe it’s just greed, or maybe it’s a greedy attorney who has convinced the charity to enter into litigation so that the attorney can earn high fees. Does that happen? Ha! All the time.
There are attorneys who will take on any case with the hope of squeezing out what we call a “nuisance fee” to get them to go away. Attorneys like this are often called “bottom feeders.” They take advantage of clients’ indignant feelings of being treated unjustly, and they try to squeeze money out of the rightful beneficiaries. It’s scandalous.
I mentioned the “bottom feeder” attorney to another local attorney, and the man’s response was, “I didn’t know that that guy was so desperate for money.”
I’m all in favor of people contributing to charities, and especially to local charities, but maybe you should check out the charity’s reputation for aggressive litigation before you make that donation. And if you hire an attorney, ask yourself if the attorney is really working on your behalf and in your favor, or if the attorney is only stringing you along for their own personal gain.

Late upload! Christmas Party 2025
04/28/2026

Late upload! Christmas Party 2025

04/28/2026

Will Your Estate Get Distributed the Way You Really Want?

I asked a similar question in an earlier article, and I ask this of clients all the time. It’s something you should think about. Will things go as you expect or as you want?
I’m constantly reminded of this topic, but I recently had a client in her mid-90s who made me think about writing this article. She’s sharp-minded, healthy, and drives herself everywhere — even long distances.
She looked at me across the table and said, “I really like you.” I smiled, because that’s always nice to hear, and then she added, “but my daughters don’t like you.” I laughed a bit and asked, “Why?”
My client explained that she liked me because I listened to her and set up the trust to be as she wanted, but her daughters didn’t like me because they wanted her house for themselves and she wanted to give the house to her son. The daughters also thought that they should be in charge of everything, but my client had already figured out that if the daughters were in charge, they might try to change her instructions about leaving the house to her son. She knew what it was that she wanted, and she also knew what it was that her daughters wanted. The plans of her daughters were not what my client wanted.
What’s a parent to do?
Some parents avoid problems by not telling their adult children anything about their plans, and others tell their kids everything and let each of the kids deal with it in their own way.
We have an expression in estate planning: What’s fair is hardly ever equal, and what’s equal is hardly ever fair.
Think about it.
In another case, the client’s husband had a trust together with her, and he also had another trust for himself that was secret from her. Upon his death, he gave a few million dollars to their youngest son. That son was supposed to distribute the money to all of the grandchildren for their education and future, but the son just decided to keep it all for himself. Really? The son doesn’t want to discuss this with his mother. I wonder why.
My client said that she still had enough money to take care of herself, but then she sold a nice house that she had and distributed it evenly to all four of her children. She wanted to help them all, but she said that now that they had their money and she was in her 90s, they don’t want to spend any time with her and none of her adult children want her to live with them as she ages.
Well, neither you nor I will ever know everything because we’re not walking in her shoes or seeing what she sees or hearing what she hears, but things haven’t gone as she wanted or expected. Luckily, she has enough money left to take care of herself, and she seems to be happy in life despite having things go differently than she anticipated.
It’s unfortunate that she seems to have lost her connection with her children, but on the lighter side of things, she visits friends and travels and enjoys living alone in her own home.
After several thousand clients and several years of self-reflection, I’ve come to the realization and acceptance of the fact that we all die at some point. Some are ready to go now and dread the thought of living much longer, but others, like myself, are fighting to stay healthy and live on for many decades.
Give it some thought. Do you know who you want in charge when you’re incapacitated or pass on from this life? Will your instructions be clear, and will the people in charge follow your instructions?

Happy Thanksgiving!Wishing you a day filled with love, gratitude, and the warmth of family and friends. May your heart b...
11/28/2024

Happy Thanksgiving!
Wishing you a day filled with love, gratitude, and the warmth of family and friends. May your heart be as full as your plate, and may the season bring joy and blessings.

Thinking through your estate plan distribution decisions is vitalCircumstances can change dramaticallyPart of my work as...
10/28/2024

Thinking through your estate plan distribution decisions is vital
Circumstances can change dramatically

Part of my work as an estate planner is to help people think through their plan for the distribution of their assets after their death. Another part of my work is to convince people that some of their long-held plans for distribution may not work out as they envision.

Imagine a 75-year-old widow with four children and six grandchildren. She says she just wants everything to go to her oldest daughter, and the daughter knows how the mother wants everything distributed to the children and grandchildren, and the oldest daughter will take care of getting it done according to plan. Good plan?

Circumstances can change dramatically By Jim Ward James Ward Part of my work as an estate planner is to help people think through their plan for the distribution of their assets after

Is your estate’s money safe — or will your bank help the scammers?California recently ranked 48 out of 51 for elder abus...
09/17/2024

Is your estate’s money safe — or will your bank help the scammers?
California recently ranked 48 out of 51 for elder abuse protections. (51 is the 50 states plus the District of Columbia.)
Wow! Not so good for our seniors. We’re at the bottom of the rankings.
Elder abuse — physical, mental, and financial — is on the rise. Some attribute the recent spike to seniors isolated during the pandemic, but abuse and theft and crime have been around since early mankind. Adults stealing from their siblings and parents is not new, but it does seem to be on the rise. ( READ MORE)

Watch out for con artists taking money out of your bank account By James Ward James Ward California recently ranked 48 out of 51 for elder abuse protections. (51 is the 50 states

Dying intestate is like dying without any estate plan at all“To be safe, just get things done now. Don’t delay. Take car...
09/06/2024

Dying intestate is like dying without any estate plan at all
“To be safe, just get things done now. Don’t delay. Take care of business.”

What happens if you die without a will or trust? Well, if you have joint co-owners, or if you’ve named beneficiaries on accounts, the assets should pass to those other people.

READ MORE:

"To be safe, just get things done now. Don’t delay. Take care of business." By James Ward James Ward What happens if you die without a will or trust? Well, if you

09/02/2024

The sweet transition from the sweltering summer to the cozy embrace of autumn is upon us! As we bid farewell to the hot days and welcome the cool breeze, let's not forget the golden opportunities this season brings.

September isn't just about the vibrant foliage and fresh air; it's also a time to give a nod to the dedicated workforce on Labor Day. Let's keep up the good work and raise a toast to the unsung heroes who make our society thrive!

All the best,

The Law Offices of James Ward

Thinking through your estate plan distribution decisions is vital.Part of my work as an estate planner is to help people...
08/28/2024

Thinking through your estate plan distribution decisions is vital.

Part of my work as an estate planner is to help people think through their plan for the distribution of their assets after their death. Another part of my work is to convince people that some of their long-held plans for distribution may not work out as they envision.

Imagine a 75-year-old widow with four children and six grandchildren. She says she just wants everything to go to her oldest daughter, and the daughter knows how the mother wants everything distributed to the children and grandchildren, and the oldest daughter will take care of getting it done according to plan. Good plan?

Circumstances can change dramatically By Jim Ward James Ward Part of my work as an estate planner is to help people think through their plan for the distribution of their assets after

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