Horrible situations are those that could be avoided with a competent counsel.
An estate plan is where you’ve pulled together, in one place, all your “bounty” – physical and intangible – naming individuals to take care of you now if needed and to distribute the “bounty” after you’re no longer here
Anyone who is 18 needs a plan – tough things happen, and help is needed. Young people die, and without a plan, things are even more painful and heartbreaking. Without designating people, no one can help.
I do Estate Planning – Wills, Powers of Attorney, Health Care Surrogates.
I do special needs trusts when it’s judicious to do – already existing situation where it will be needed or potentially they’ll be a situation where it’s needed
And, I’ve learned the value of Elder Law – to protect assets of people who’ve worked hard, saved, and have assets, and they think they have to lose everything to apply for government help.
Why do people avoid thinking about the mess they might leave when they die.
People think they have it done when they don’t. For example, people have Wills that leave a home to their children and think that’s all they need; sadly, without some legal counsel. However, the children will need to probate the Will in order to own the home when they could have owed it outright with a little planning.
If you get hurt and are unconscious and don’t have a health care surrogate designated, there is no one to speak to a doctor
If you own a home in your name only and get married or get involved in a committed relationship, you might think that person owns the home when you pass – sadly, that’s incorrect.
At one second after midnight on a person’s 18th birthday, parents lose the right to have access to doctors, banks, school…without the 18-year-old designating them, in a legal document, able.
A “Will” is also a valuable instrument for the tragic situation where someone dies and there’s a medical claim, or personal injury claim, or even if they’re part of a class action suit – like Camp LeJeune. The “Will” provides a place to receive proceeds from an unforeseeable, tragic event.
People often think they need a Trust when they don’t. It does depend on how large there estate is; are there minor children; are there special needs children or adults; are there situations where you don’t want someone to receive a large amount of money all at once.
And they’re ‘revocable’ in that whoever establishes the Trust can change it any time without permission of a beneficiary. Last Wills and Testaments, if filed with a court after a death, are available to the public at large. Trusts are not.
One of the hard things to do after someone dies is to figure out what to do with their “stuff” – potentially even for minimalists. It’s a true gift to have someone you car about take possession of something tangible to enjoy now, while you’re alive.
For intangibles – money, for instance – having accounts beneficiary designated means the financial institutions distribute virtually automatically – no family individual has to be involved.
The effort makes things easier on your loved ones. It’s a gift to them.
Planning in advance allows a family to grieve when someone passes – avoiding calling an attorney to start a court case; avoiding arguments with other family members; sparing expense for funeral/cremations.
One of my greatest victories is when a client calls after a loved one has died and I can reassure them that all is taken care of and nothing needs to be done until they’re ready.
Revocable trusts are just that – revocable; can be changed, modified, dissolved s long as the person who established it is living; they are excellent vehicles to be sure assets go to children as minors cannot inherit until they’re 18.
We have a unique perspective on estate planning that serves our clients well. We thoroughly review not just your assets and your wishes but your legacy. We ask the questions “What’s in the best interest of this family, how do we achieve those goals and what kind of legacy do you want to leave behind?” After answering these key questions, we help you determine the best course of action for your family going forward.
