Revocable and Irrevocable Trusts in California: What are the differences?
October 5, 2024Navigating Cross-Border Estate Planning with Lars Kushner: Insights for Canadians in the U.S.
Here are the key points from Evelyn Ackah's podcast interview with Lars Kushner:
Background
- Lars Kushner, founder and owner of Kushner Legal Corporation based in California, joins Evelyn Ackah to discuss estate planning considerations for immigrants, particularly Canadians living in or moving to the US.
- He founded his own Estate Planning and Administration law firm in Vancouver, British Columbia before moving to California and founding Kushner Legal Corporation.
Immigration Journey
- Lars discusses his immigration journey and the challenges of becoming a certified lawyer in the United States.
- He always wanted to be a lawyer but knew that certifications weren't easily transferable across borders. While practicing law in Canada, he decided to move to California for a warmer climate.
- He had to pass the California bar, a challenge due to the low passing rate for foreign-educated lawyers. Lars succeeded and now practices law in West Hollywood and Beverly Hills.
Path to Estate Planning
- Lars began his legal career in personal injury law but ultimately found his passion in estate planning after working on family law and estate litigation cases.
- He transitioned his focus from estate litigation to estate planning because he enjoys helping clients proactively avoid potential legal issues and conflicts.
- Lars appreciates the long-term relationships he builds with estate planning clients, supporting them through various life events.
Principles and Values of Kushner Legal Corporation
- Kushner Legal Corporation prioritizes personalized service, with Lars personally handling intake and working directly with clients from start to finish.
- The firm leverages technology, including top-of-the-market planning software, to provide high-quality documents and ensure comprehensiveness and clarity.
- This approach allows Kushner Legal Corporation to maintain high-quality service at competitive prices.
Comparing Estate Planning in Canada and the U.S.
- Canadian residents spending a few months each year in the US, typically need estate plans that address their US assets in relation to their Canadian estate plans.
- Canadians who become US permanent residents or citizens need to consider where they want to reside permanently and how that will impact their estate planning.
- Lars emphasizes the importance of understanding the differences in estate planning laws and practices between Canada and California, particularly regarding trusts and probate.
Working with a Network of Professionals
- Lars collaborates with a network of professionals, including financial advisors, bankers, real estate agents, and CPAs, to provide comprehensive estate planning services.
- He encourages clients to share their estate planning documents with these professionals to ensure everyone is informed and on the same page.
- This collaborative approach helps to avoid potential issues and ensures a smooth transition in case of unforeseen circumstances.
Importance of Regular Estate Plan Reviews
- Lars recommends reviewing estate plans every 3 to 5 years or whenever there are significant life changes.
- Kushner Legal Corporation offers clients complimentary 3-year reviews to update contact information, discuss any changes in their lives, and ensure their plans remain current.
- This proactive approach ensures that clients' estate plans accurately reflect their current wishes and circumstances.
Dual Residents and Estate Planning
- For clients who are dual residents of Canada and the US, Lars advises considering factors such as where they spend the majority of their time, where their assets are located, and where their family members reside.
- Tax residency and the location of family members can influence estate planning decisions, particularly the choice of trustee.
- Lars highlights the potential tax consequences of having non-US-based trustees for US trusts.
Probate and Power of Attorney
- Lars helps clients avoid probate but acknowledges issues can arise.
- He explains how California's "Heggstad petition" can resolve trust-related problems.
- For Canadians moving to the US, Lars recommends establishing Canadian powers of attorney.
Starting Over in the US
- Lars shares his own experience starting over in the US, including the challenges of establishing credit and navigating the complexities of the US healthcare system.
- He offers practical advice for Canadians moving to the US, such as establishing a relationship with a bank, obtaining a social security number, and securing a permanent address.
In this episode of the Ask Canada Immigration Lawyer Evelyn Ackah podcast, Evelyn Ackah connects with Lars Kushner, founder of Kushner Legal Corporation, to discuss important estate planning considerations for Canadians living in or moving to the United States. Lars shares his immigration journey from Canada to the U.S., the challenges he faced becoming a certified lawyer in California, and how his legal focus shifted to estate planning. He explains the unique challenges dual residents face, from probate to tax implications, and offers practical advice on how Canadians can protect their assets on both sides of the border. Tune in to learn more about how estate planning can support a smooth transition to the U.S. and ensure your long-term goals are met.