Join John Skabelund as he discovers everything you need to know about estate planning and how it will provide you full peace of mind and safety with his guest, Mark Bregman.
Mark Bregman is a principal at the law firm of Dyer, Bregman, Ferris, Wong and Carter. He has been practicing for forty five years, not only doing estate planning, but also estate litigation, estate tax planning, and administration. Mark practiced in Scottsdale from 1979 until 2012. He was trained as an IRS field agent and achieved high distinction honors on the Arizona Bar Examination. He is recognized by his peers and Phoenix Magazine as a preeminent lawyer in Maricopa County, Arizona, is A-V rated (highest rating awarded) by Martindale Hubbell and has been selected to Arizona Finest Lawyers™ (limited to the top 10% of lawyers in Arizona) and Super Lawyers™ (limited to the top 5% of Arizona lawyers). He is a Certified Advisor of Philanthropy (CAP®).
In this episode, explore why an asset protection plan alone is simply not enough, why you need to work with a specialized expert versus opting for inexpensive online options, and why the time to do it is now- and not when you die.
Podcast Overview:
Attorney John Skabelund sits down with veteran estate planning attorney Mark Bregman to discuss why estate planning is about far more than what happens after death. With more than 45 years of experience in estate planning, tax planning, litigation, and administration, Mark offers practical insight into how thoughtful planning protects families, reduces conflict, and provides peace of mind at every stage of life.
While asset protection focuses on shielding wealth from lawsuits and creditors, estate planning focuses on something equally important: ensuring your wishes are honored and your loved ones are protected if you die or become incapacitated.
What You’ll Learn in This Episode:
What Estate Planning Really Means
Mark explains that estate planning has evolved significantly over the years. What once meant drafting a simple will has become a comprehensive planning and counseling process.
“Today, estate planning is having a conversation with the client to find out what their hopes and dreams and aspirations are. Then we fit the plan around the client rather than fitting the client into the plan.” – Mark Bergman
A strong estate plan accounts for both death and incapacity, recognizing that people are living longer and may need help managing finances or healthcare decisions later in life.
Core Components of an Estate Plan
Most well-designed estate plans include a coordinated set of documents:
- A revocable living trust
- A pour-over will to catch assets not placed in the trust
- A financial power of attorney
- A healthcare power of attorney
- A living will outlining end-of-life wishes
Equally important is understanding what assets a client owns, how they are titled, and how they should be transferred.
Mark notes that simpler tools, such as beneficiary deeds, can work well for certain situations, particularly for older clients with modest estates. However, simplicity comes with risk if family dynamics are complex.
The Real Purpose of Estate Planning
Estate planning serves two essential goals:
- Transferring wealth efficiently to the next generation
- Preparing for mental or physical incapacity
John emphasizes that probate is not only a concern after death. Without proper documents in place, incapacity can also lead to court involvement, increased costs, and family disputes.
Why Online and Low-Cost Options Fall Short
A recurring theme in the conversation is the danger of relying on templates, document preparers, or low-cost online solutions. While these options provide paperwork, they do not provide guidance.
“They can’t give legal advice. All they can do is give you documents.” – Mark Bergman
Mark shares that even a single poorly drafted clause can expose assets to creditors or undermine the purpose of a trust. Estate planning is not self-executing, and mistakes often surface when it is too late to fix them cheaply.
The Hard Conversations That Matter Most
Effective estate planning requires addressing uncomfortable topics many families avoid. These include:
- Who should take control when someone can no longer manage their affairs
- When independence should give way to support
- How family relationships and conflicts affect decision-making
- What happens if a caregiver or spouse is no longer able to help
Choosing guardians for minor children, trustees, and decision-makers is especially critical. Mark and John both stress that these choices should be revisited as children grow and relationships change.
Choosing the Right People for the Right Roles
Mark cautions against assuming family members will work well together simply because they share blood ties.
In some cases, using professional trustees or fiduciaries can prevent costly disputes. While families may worry about fees, Mark reframes the issue.
When Should an Estate Plan Be Updated?
Rather than focusing on a strict timeline, Mark encourages clients to review their plans after major life events, such as:
- Marriage or divorce
- Retirement or selling a business
- Birth or death in the family
- Moving to another state
- Changes in relationships with trustees, guardians, or agents
He offers a simple rule of thumb.
“If you don’t know what your estate plan says, it’s probably time to come in.”
Estate Planning vs. Asset Protection
John closes with an important clarification. Estate planning does not protect assets from lawsuits or creditors. That requires a separate asset protection strategy.
However, failing to plan can expose families to a different kind of loss, court supervision, unnecessary fees, and conflict among loved ones.
Key Takeaways on Estate Planning and Legacy Protection
This episode highlights why estate planning is not a one-time task or a set of documents downloaded online. It is an ongoing process designed to protect families, preserve dignity, and ensure a lasting legacy.
Special Thanks
Special thanks to Mark Bregman of Dyer Bregman Ferris Wong & Carter for sharing his decades of experience and practical insight on estate planning, family dynamics, and long-term planning considerations.
To learn more about asset protection and legacy planning strategies, visit UltimateAssetProtection.com.