Estate Planning FAQs
What is estate planning?
Estate planning is for life, potential incapacity and death. Your plan allows you to be in control of important decisions in your life, such as who will care for your medical needs and financial needs should you become unable to care for them on your own; how long you’d like to be on life support; who will raise your children if you cannot; who will wind up your affairs after your death; where you want your assets to go; and how you want them to be utilized before and after your death. Understanding how assets might be subject to the probate process will help you plan to avoid probate.
What documents are included in an estate plan?
A typical estate plan includes seven (7) documents: Trust, Will, Separate Memorandum, Financial Power of Attorney, Health Care / Medical Power of Attorney, Advanced Directive, and Disposition of Last Remains. Some situations may not require a trust.
Do I need a Will?
Yes.
Should I use fill in the blank forms?
No. You should consult a qualified attorney. A poorly drafted Will can cause more problems than not having a will at all. We offer free initial consultations to discuss your estate planning.
How do I find a qualified attorney?
We recommend that you seek out an attorney that also does estate administration. The attorney’s experience in using these documents is invaluable in in their ability to draft the documents. Also, it is comforting to know that when the documents are called into use your drafting attorney can support and assist the use of the documents. It is possible to over-draft. Although we try to draft documents that will last the test of time, it is also important to keep the documents as simple as possible to avoid unintended consequences.
Do I need a trust?
Maybe. There are several reasons to create a trust. It is a great idea to consult a qualified attorney to discuss your estate planning goals and determine whether a trust is necessary. One reason is to avoid probate. Another reason is to create an entity to hold and distribute assets after you have passed away. We also use trusts to protect assets. A trust will allow disabled beneficiaries to keep their benefits and still inherit assets. Once we establish your intentions, we will draft the terms and conditions of the trust to accomplish your goals. You dream it and we will draft it.
Do I need a Living Will?
Yes. The name causes confusion. People tend to think a Living Will is a will or a trust. In fact, this document allows you to request that life support and artificial nutrition be stopped in certain situations. This document must align this with your Health Care / Medical Power of Attorney.