A person’s debt doesn’t die just because they died. Creditors can file claims against the estate, and those claims usually have to be paid before any money is distributed to the heirs. Back when newspapers were printed, you may have seen an Executor notice or Estate notice to creditors.

A notice to creditors is a formal, often legal, publication during probate that alerts potential creditors to a deceased person’s death and initiates a deadline (commonly 90 days to 4 months) for them to file claims for unpaid debts. It acts as a legal shield, protecting the executor and the estate from future claims, and is typically published in a local newspaper. This is one of the items on The Guardian’s Gift Executor Checklist.

When is a family member legally bound to pay the deceased debts?

1. A co-signed loan. Whoever signed for the loan or agreed to be responsible for the debt remains responsible to pay the debt.
2. A surviving spouse that lived with their partner in a state that recognizes community property and debt is part of the community property.
3. Executors and Executrix are legally responsible for settling the estate and paying the bills before distributing any assets to the heirs.

Sometimes a person dies with more debts than assets. When that happens, the estate is said to be “insolvent” and typically state laws determine who gets paid, how, and when. There are lots of legal rules about how this works and not being an attorney, I won’t attempt to describe that here. Just know, assets go to pay bills first before inheritance.

One debt issue that causes confusion for some people has to do with Medicaid. If Medicaid paid for the nursing home expenses, the state can file a claim against the estate or place a lien against the person’s home. Some people mistakenly believe that Medicare will pay for a nursing home stay. . . they don’t!

Medicare and Medicaid are two different animals and that discussion is for another blog all its own. Medicaid is the resource used to cover nursing home expenses and there are specific rules and regulations that apply when Medicaid is used. The bottom line is that the state expects to be repaid and to recover the money used to pay for the nursing home.

Unsecured debt like credit cards or personal loans must also be paid before any heirs get anything. Even if there isn’t enough to pay all the creditors fully, they split up what’s left. Then, if there’s anything remaining, assets are distributed to the heirs.

Sadly, debt collectors and or agencies are allowed to call and ask for payment. They are not allowed to threaten or say the survivors are legally responsible to repay the debt. As we all know, there are some unscrupulous folks out there who don’t follow the law.

It’s always best to know the rules and laws around issues your family could potentially face due to an aging family member. At The Guardian’s Gift we often hear people make statements we know to be false and or potentially problematic for all concerned.

We are not attorneys! However, we believe that upfront pre-planning actions can reduce or eliminate major problems for loved ones later. We work with attorneys, financial planners, funeral services, religious communities and any other resource we believe will help our clients. We may not know the answer, but we will find it for you.

The post Can You Inherit Your Parent’s Debt? appeared first on The Guardians Gift.

A recent article by the NY Times showcases exactly why preparing now is so important. After getting re-married late in life, Marie-Thérèse Ross-Mahé, age 85 moved to the US to live with her new husband. After her husband’s sudden death she found herself in dire circumstances: detained by ICE and battling over her late husband’s estate and wishes. As often happens when assets and estate plans are not created, a family drama ensued over who gets what and hearsay regarding what was truly desired followed. 

Even though Ms. Ross-Mahé has been released back to France, the dispute over possessions and rights remains in probate. Her very own children, who reside in a different country, were unable to contact her while she was detained. The French Consulate played a key role in securing her release.

The case above, like the majority of probate and estate cases, could have been avoided with a proper, legally binding, and well planned out legacy estate plan and documented guidance for the future.

Top Reasons for Not Having an Estate Plan

Individuals often find themselves overwhelmed and not sure where to start when thinking about planning for retirement and the future. According to an article by Fox Business, in a recent survey of couples aged 45-70 who have retired or plan to soon, 93% of them share similar goals but over half have not set up an estate plan.

Among the reasons most individuals provide for putting it off is:

• Feeling overwhelmed and not sure where to start
• Not important in their stage of life
• Too legalistic and they aren’t sure how to process everything
• Their family already knows their wishes
• Too costly and time consuming

What a Legacy Estate Plan Includes

The Guardian’s Gift Time Capsule was created to help individuals and families preserve their past, prepare for the future and guide them along the way. Unlike a regular estate plan which often just includes legal documents, a legacy estate plan includes recorded key life events, future wishes, stories, memorabilia, values, and it allows you to create and record your legacy. With personalized guidance, you will be able to walk through your life from childhood through the present, step by step, ensuring that all important memories and documents are preserved while also considering your present stage of life all the way until death. Your legacy estate plan will include legal documents like a Will, Power of Attorney, and more. Our program is created to guide you as you go, with assistance available as much as needed, allowing you to move at your own pace until completion.

Delaying Until Retirement Leads to Costly Results

As shown in the case above, estate planning before retirement age can not only save you money but eliminate family chaos and stress. Homes, assets, guardianship, and huge financial gains are all at stake without a properly recorded and documented, as well as legally binding, plan.

Whether you’re feeling overwhelmed, tired of procrastinating, or you just don’t know where to start, contacting The Guardian’s Gift is the next step in preparing for your future. Try a free online demonstration today or contact us with any questions and take your future into your hands!

The post The Importance of Legacy Estate Planning Before It’s Too Late! appeared first on The Guardians Gift.

1. Medical History. While you are likely to know about any major illnesses your parents have, if they are living independently, you probably do not know all of their medical history. Discussing their medicines, doctors, allergies, and any naturopathic remedies they may be taking can be imperative in the case of an emergency.  In addition, writing down their physicians names, numbers and how often they visit them will provide a good idea of the severity of their conditions.

2. Discuss Who is in Charge. Oftentimes with adult children involved there are conversations about who oversees different aspects regarding their aging parents. However, ultimately this is up to the parents to decide. Creating a meeting between all parties and having an open, honest discussion can avoid future conflict and allow everyone involved to be on the same page when it comes to future decision making. Sometimes this conversation prompts your parents to finally think through their Power of Attorney, beneficiaries and guardians or even update them if they already have one.

3. Future Wishes. Your goals are often not the same as those of your aging parents. While they understand the need for long term care, their wish may be to live in their home with a health aid as long as possible or, they could wish to move to a retirement community at a certain milestone in their life. Understanding their priorities, both medically and personally, is an imperative step to planning for their future and how they would like their end-of-life decisions made.

4. Managing Finances. Money and financial decisions are one of the leading causes of conflict in a family. As an adult child, you may not fully understand your parents’ investments, retirement accounts, and where they would like their money directed when the time comes. In addition, do they have a Will, Trust, or any other legal documents that will affect financial decisions? What about long term care? What will happen to their home and assets if an emergency arises? If these documents are not fully, legally recorded and put into place already, having this discussion and creating an action plan can prevent financial hardships down the road. For additional tips about managing financial decisions with your aging parents, this inclusive guide from Brookdale Senior Living lays out options and how to broach this discussion.

5. Their Current Situation. Perhaps your parents have many years until these plans are acted upon or, maybe the time is now. As a family, take time to discuss their current living situation, how long they feel comfortable where they currently are, when they feel it’s time to move on, and what adjustments may need to be made to keep them where they are. What are their wants, needs, and goals for the immediate future and long term? This is also a time to realistically discuss costs and what can, and cannot, be afforded to guide them to make the most effective decisions.

A Guide for Difficult Conversations.

While none of these conversations are easy, preparing for them and having a guide to help you along the way can create a seamless, stress-free environment. According to a recent post by the NY Times, “It feels like you’re putting them through something hard, but it’s avoiding something that is far, far worse.”

 The Guardian’s Gift is a guide that is meant to ease the burden of caregivers and help those making decisions understand what is needed. From looking through past medical records, life stories, and memorabilia to filling out legal documents, Power of Attorneys and a Will, it is a singular solution to planning for your future while preserving your legacy. It is truly a living listening legacy estate experience. Our courses are offered through both a self guided approach, allowing you to work at your own timeline, or by hiring one of our legacy coaches to assist with working through various personal options and choices.

Don’t delay difficult conversations with your loved ones. Start today with the help of The Guardian’s Gift and rest assured that your family’s wishes are honored whatever stage of life you are in

The post Planning Ahead: Conversations to Have with Aging Parents About the Future appeared first on The Guardians Gift.

Why Employees Need Legacy Estate Planning Benefits.

As a business, your employees’ responsibilities don’t stop at the office. When unexpected life events happen, employees often carry this stress into the workplace, and their overall work/life balance becomes overwhelming and unbalanced. Over 73% of employees now juggle work while caring for aging parents, and caregiving employees miss an average of 6–10 additional workdays per year due to emergencies, appointments, and emotional exhaustion. According to TeamSense, the estimated loss of productivity due to unplanned absence reaches almost 40% and almost 50% of overtime in a company is used to cover employee absences.

What if you could offer your employees a benefit that would not only provide them with peace of mind, but a tool that can provide clear guidance during life’s toughest moments?

How To Help Your Employees.

The Guardian’s Gift is more than just an employee perk. It’s a culture of care, responsibility, and compassion that your employees will appreciate and remember for years to come. 75% of employees will provide some type of caregiving during their career. As an employer, considering your employees’ overall well-being shows them that they are valued for more than just their work and helps them to plan for their future.

Imagine these same employees having a documented plan in case of illness, injury or family emergencies. A plan that can effectively reduce their need to miss work, reduce stress, or to help answer the unknowns of emergency situations.

The Guardian’s Gift allows employees to create a documented plan of what should happen, when it should happen, how the plans should go, and who should be involved. It is a structured legacy estate plan that helps to answer the unknowns about the future so when, not if, they happen, there is a guide in place to help navigate any situation. Having a plan in place for the future not only reduces absenteeism but it also offers peace of mind for all parties involved. The next time the phone rings at work with that unexpected call, rest easy knowing that you and your employees have already prepared thanks to The Guardian’s Gift. Contact us today for more information!

The post Beyond The Workplace: Life Doesn’t Stop at the Office appeared first on The Guardians Gift.

Why You Should Prepare.

Unexpected life events frequently cause significant financial and personal disruption, stress and significant costs. A serious illness, sudden job loss, an accident, death or divorce cause a need for legal documentation, emergency funding, and lots of time. In addition to personal stress, many events can lead to major job disruptions, lots of missed time at work and possibly even career changes.

When a plan for the future is put into place, the “what ifs” of a life event are preemptively answered. As an individual, having peace of mind knowing that whatever happens, expected or unexpected, you know what is next allows you to rest easy in your current situation. As an employer, having the resources available for your employees to create this plan, without becoming a financial burden to themselves, protects your business as well. According to Absenteeism: The Bottom-Line Killer by Circadian, unscheduled absenteeism costs roughly $3,600 per year for each hourly worker.

While having a legacy estate plan in place can not prevent all absences, it can allow your employees, and yourself, to know the next steps and seamlessly engage in what needs to be done to move forward.

How You Should Prepare.

You know you should prepare, but often when it comes to making decisions about the future, individuals have analysis paralysis. The decisions all seem too much, too many steps, and frankly, overwhelming. To prove this, in a recent survey by Trust and Will, 84% of Americans state that they know the importance of estate planning but only 31% have a will.

As an individual or employer, you may ask yourself, is there really a one source solution that combines everything me or my employees need? Yes! The Guardian’s Gift Time Capsule was created by Dr. Judy Butler as she firsthand faced these same unknowns with her aging parents. With no plan in place, the struggles, red tape and decisions were immense. The Guardian’s Gift guide and online course provide step by step instructions and prompts to decide every decision you or your loved ones may need for the future, including legal documents. In addition to planning for what’s to come, this course takes it a step further, allowing you to include important past memories, milestones, traditions, and documents to complete your story.

Just like life’s events vary, our courses are individualized to fit your needs. From a personalized, fully guided course with a coach, to a group course with other individuals and even a self-led option, each course will leave you with a fully completed, legally binding, legacy estate plan.

Contact our team today to discuss a personalized plan for your business, company, or small firm or, an individual plan for yourself and be prepared for whatever circumstances happen in your life. 

The post Preparing For the Unexpected with a Legacy Estate Plan appeared first on The Guardians Gift.

Estate Planning.

Estate planning is the process of managing and planning how to distribute your assets, naming beneficiaries and decision makers for your future, creating and recording legal documents such as a will, a trust and a power of attorney, and taking care of your personal affairs. Whether you are single, married, retired, working age, just starting out or a senior, an estate plan can protect everyone in every stage of life to make sure that if and when an unexpected life event happens, your wishes are legally protected and honored.

Legacy Estate Planning.

A legacy estate plan includes everything that a normal estate plan does but is more comprehensive. It allows you to not only prepare for your future but to record your past special memories, stories, traditions, photos, values and helps you to create your legacy. While they are included, a legacy estate plan goes far beyond just legal documents, allowing you to truly preserve your tangible and intangible assets.  Recording your stories from childhood, marriage, beliefs, life lessons, special awards, major life events, your digital footprint, passwords, and anything that is important to pass along to those you love. In short, legacy estate planning focuses on the why and who that you are personally instead of just the what and how of asset distribution.

As an individual, having a legacy estate plan in place not only protects you, but provides peace of mind, gives you reassurance in the future, and minimizes stress and impact on your loved ones. As a business owner, offering this tool to your employees can reduce absenteeism, provide emotional support and strengthen professional relationships.

The Guardian’s Gift Time Capsule is a fully comprehensive guide that walks you step by step through creating your legacy estate plan. Each section is thought out to ensure that you are not only legally protecting yourself and your family for the future but also recording what is important from your past as well as all of the small but important pieces in between.

Ultimately, legacy estate planning is about more than preparing for the end—it is about honoring the life you’ve lived, protecting the people you love, and ensuring that your values, stories, and wishes are carried forward as a meaningful gift for generations to come.

The post What is Legacy Estate Planning? appeared first on The Guardians Gift.

That common thread is your legacy.

What Legacy Really Means

Legacy is much more than family; it is what has brought you to where you are today. Traditions, rituals, wisdom, lessons, stories and history all contribute to who you are. While many of these factors change as you grow, there will always be pieces of the past ingrained in your future. But, will your children and grandchildren remember these stories told this Christmas season as you sit around the fire and share traditions of your great grandparents, ancestors and friends. 

Will the Stories Live On?

At some point you’ve probably said to yourself, “I need to write some of this down before I forget” but, as life has it, we get busy in the here and now. This holiday season make it a priority and goal that this year is going to be the year that you actually follow through with recording your past while those who are closest surround you to help. 

Make This the Year You Follow Through

This holiday season, make it a priority—and a personal goal—to finally preserve your story. There is no better time than when family is gathered close, memories are being shared, and loved ones can help fill in the details you may have forgotten.

The Guardian’s Gift is here to guide you through recording and documenting the stories, traditions, values, and life experiences that define your legacy. With a thoughtful and intentional approach, your memories can be preserved for generations past—and those yet to come.

Give Yourself the Gift That Lasts

Don’t put it off any longer. This holiday season, give yourself and your family a gift that truly lasts: the gift of your past, your present, and your future.

Preserve what matters most—with The Guardian’s Gift.

The post Legacy Through The Generations appeared first on The Guardians Gift.

But here’s the truth:
I am absolutely worn out from the negativity, the meanness, the scams, the shouting, and all the messy, hurtful nonsense that seems to be sprinkled around like confetti these days. It’s exhausting, isn’t it?

I’m just one woman. My team is small. My counseling practice is small. The Guardian’s Gift Time Capsule is still a best-kept secret. None of us are the size of an army—and yet, I’ve decided that won’t stop us from trying to bring something better into the world.

So here it is, said out loud and shared with you:
I—and we—are going to keep showing up as loving, kind, thoughtful humans and businesses. Imperfect? Absolutely. But intentional.

Maybe I can do one more thing for someone.
Maybe I can take one extra step toward compassion.
Maybe I can set down my urge to fix everyone else’s flaws and instead deal with the log in my own eye (it’s a hefty one).

Because the truth is, people are hurting. In Butler Counseling, I sit with people who are grieving, anxious, overwhelmed, or fighting to communicate with the people they love. In The Guardian’s Gift, I walk alongside families trying to navigate the complexities of legacy, aging parents, “Who’s doing what?” and “How are we going to manage all of this?”

And let’s be honest: Aging is not for the faint of heart.
The creaks, the cracks, the aches, the scams, the endless calls pretending to be the IRS, and the uncomfortable reality that we have more days behind us than ahead—it’s a lot. And that fear and frustration too often spill over onto the very people we love most.

So here’s my first official resolution for 2026:
I’m choosing kindness—on purpose.
One more step.
One more gentle word.
One more moment of letting someone go ahead of me in line (even when I’m tired and want to go home).
More hope.
More patience.
More softness.
More love.

We will keep thinking on the rest of our resolutions until New Year’s Eve. We want to choose wisely. But this feels like the right place to begin.

Dr. Judy H Butler, PsyD, Founder/CEO

Amanda Baldwin, Legacy Coach

Natalie Ross, Legacy Coach

Yonnie Butler, VP

Jordan Henderson, VP

Karen Al-Chacar, Marketing Consultant

Tiffany Garrison, Marketing Consultant

The post Thoughts From One Little Old Lady (Who Still Has Plenty To Say) appeared first on The Guardians Gift.

Why Open Enrollment Is About More Than Healthcare

Your benefits package is more than a list of insurance options — it’s one of the most powerful tools you have to protect your family’s future.

When you take a step back and look at your benefits through a “legacy lens,” you’re not just choosing coverage for the year ahead — you’re planning for stability, support, and peace of mind for those you love. When considering the future consider what would happen not if a life event took place, but when it takes place. Most employees can think of a time in their life, or a close friend or family members life, when they had to consider the future, make difficult decisions or even become the caretaker for a loved one.

This is where The Guardian’s Gift comes in. Our legacy estate planning benefit helps employees prepare for life’s biggest transitions — reducing stress, absenteeism, and uncertainty when families need support the most. During open enrollment, integrating legacy estate planning with your insurance decisions can make your benefits work smarter for you.

Questions to Ask Your HR Team or Benefits Provider

As you sit down to review your healthcare coverage and make decisions this open enrollment season, consider these questions for your HR department and overall benefit package:

1. Does our company offer resources to help employees with end-of-life planning, estate planning, or legacy preparation?
2. Is there anywhere I can create or get assistance with legal documents such as Wills and Power of Attorneys
3. In the case of a serious illness or major life event, what resources are available to me?
4. I am a caregiver for an immediate family member. Is there any support available to me or to help me prepare for the future?
5. Are there any tools available to help me create an estate plan, or any resources to help me plan for the future?
6. How can I update my existing legal documents if I have a life change?
7. If estate planning isn’t included in my benefits package, is there anywhere you recommend where I could get started or receive a discount if I am purchasing it myself?

Why HR Directors Should Add The Guardian’s Gift to Their Benefits Package

The Guardian’s Gift is an innovative benefit that helps employees plan, protect, and preserve their legacy through personalized estate planning tools and guidance. It’s not just about wills and documents—it’s about peace of mind. Employees gain access to expert resources that help them prepare for life’s “what-ifs,” ensuring their loved ones are cared for and their wishes are honored. By including The Guardian’s Gift in your benefits package, you’re doing more than offering another perk—you’re empowering employees to take control of their future and build lasting peace of mind.

Building a Legacy Through Your Benefits

Open enrollment is about more than checking boxes — it’s an opportunity to make sure your benefits reflect your values, goals, legacy and ensure you have a plan in place for the future. Whether your company has one employee or one thousand, we have a plan for you. We also offer legacy estate planning services for individuals, too.

When employees use tools like The Guardian’s Gift, they gain peace of mind knowing their loved ones will have guidance, clarity, and support when it matters most.

HR leaders who introduce legacy planning benefits don’t just strengthen their teams — they build trust, loyalty, and resilience across their entire organization. Contact us today for more information or to upgrade your benefits package this open enrollment season. 

The post Open Enrollment & Legacy Benefits: What Employees Should Ask to Protect Their Family’s Future appeared first on The Guardians Gift.

Why Legacy Planning is Important in the Workplace.

Research has shown that employees who have a positive work experience are less likely to consider leaving their company. When valued, recognized, and provided with a sense that their company cares for their overall health, employees are more loyal, too. While estate planning may seem like a personal matter that is handled outside of the workplace, many individuals and families put it off until it is often too late to plan. Helping your employees think ahead and giving them tools to plan for their future shows that your company is invested in not only them as a worker, but also you care about their family needs, too. 

How Can The Guardian’s Gift Improve ROI?

Studies completed by Investopedia show that employees care about much more than just their pay. On average, benefits make up to about 30%-38% of an individual’s overall salary. Keeping and maintaining good, loyal employees is a key component to making sure your business is healthy, too. A key benefit like The Guardian’s Gift legacy estate planning can:

• Improve Retention: Employees who feel valued will stay longer.
• Reduced Absenteeism – Crisis moments often lead to time away from work. A proactive plan can minimize last-minute disruptions.
• Provide Positive Employer Reputation – Word spreads when a company goes above and beyond—helping attract other high-quality candidates.
• Enforce Stronger Engagement – Knowing their families are protected helps employees stay focused and productive

When employees face the overwhelming responsibility of caregiving, absenteeism and turnover spike. The Guardian’s Gift provides peace of mind, resources, and organization that help families navigate life’s hardest moments—delivering measurable ROI to businesses that invest in truly caring for their people. Help your employees plan for the future and for the unexpected now to help protect themselves and in turn protect your business, too.

If you want to keep your best people and foster a culture where employees and their loved ones thrive, consider The Guardian’s Gift. It’s not just a benefit. It’s a powerful investment in the future—yours and theirs. Contact The Guardian’s Gift today and find out how our legacy estate planning tools can work hand in hand with your employee benefit package.

The post The Hidden ROI: How The Guardian’s Gift Helps Companies Keep Loyal Employees—and Their Families—Thriving appeared first on The Guardians Gift.