By Jeffery J. McKenna

I love the Holidays.  I love the time with my family.  I love the memories of Christmases long ago.  

As a child growing up in Las Vegas, I can still remember those precious few “magical years” where everything about Santa Claus was as real as the pillow that could not help me sleep on Christmas Eve.

Now, fifty years later, as a parent and grandparent in Southern Utah, I want to share three ways I think “Santa Claus” is like estate planning.

First, like Santa himself, estate planning can be too good to be true.  I have over 25 years of experiencing all kinds of estates – those with great planning and those with no planning.  Without the slightest hesitation, those with planning are so much better than those with none.  A good estate plan is essential in helping those you care about after your passing. On countless occasions I’ve seen how an out-of-date plan, incomplete plan, poor plan, or a “homemade” plan has led to months and even years of headache and heartache for those you care about. 

Second, Santa visits the poor and rich families.  His bag of toys might be more filled for families with higher incomes, but Santa’s goodness brings blessings to everyone regardless of their income or assets.  Estate planning is similar.  More assets can be a blessing to loved ones, however, it often comes with more problems and higher levels of complexity.  Planning for estates with fewer assets often requires a simple approach.  However, both large and small estates will benefit greatly from taking time to plan, with a professional, for those you care for.

Lastly, estate planning truly is a gift we give to those we care most about.  My days of not being able to sleep on my pillow before Christmas morning were replaced with Christmas Eves filled with longing to be able to go to bed, as I spent much of the night building and preparing presents for the next day.  I did it for many years for my children and now for grandchildren.  This act of “passing” the love and joy of Christmas and “Santa Claus” to the next generation is truly the essence of estate planning.

These are my three ways that I believe the spirit of Santa Claus can be likened to estate planning.  I will never deny the existence of Santa Claus.  I never want to deny the goodness of his message and his spirit of giving.  I believe good estate planning is a gift to your family that expresses these same feelings of giving and goodness.

I hope this message has helped you and, most importantly, I hope you and those you love have a joyous Christmas season.

Jeffery J. McKenna is a local attorney serving clients in Nevada, Arizona and Utah. He is a shareholder at the law firm of Barney McKenna & Olmstead, PC,  with offices in Mesquite and St. George. If you have questions you would like addressed in these articles, you can contact him at (435) 628-1711 or jmckenna@barney-mckenna.com.