Planning for the distribution of one’s assets upon death can be a daunting task. Numerous factors can come into play such as naming a guardian for minor children, determining the age or ages when beneficiaries will receive one’s assets, second marriages, etc. However, I will help you come up with plans that suit your individual needs. As the client, I prepare the following documents for you:
Last Will and Testament
This document is necessary to ensure that your assets, which are held in your name alone without a designated beneficiary, are distributed as you wish. Your Last Will and Testament also allows you to designate a guardian for your minor children if the need arises upon your death.
Durable Power of Attorney
This document names an individual or individuals to make decisions (other than health care decisions) on your behalf if you become incapacitated for any reason. For example, if you are in an accident resulting in a coma, the individual named in your Durable Power of Attorney will be able to pay your bills, sign documents on your behalf, and perform any action that you could do if you were not incapacitated. If you have a Durable Power of Attorney, you can avoid the necessity of establishing a guardianship, which can be both costly and time consuming.
Combination Living Will and Designation of Health Care Surrogate
This document is extremely important to have because it clearly states what measures you want taken to be kept alive and when you wish for life supporting measures to be terminated. For example, if you are in a car accident and have no brain activity, you can decide now, if in that situation, whether you want to be taken off life support. This document also names an individual or individuals to make your health care decisions for you if you are unable to do so.
Revocable Trust Agreement
This document is important to have because any assets owned by the Trust are distributed to your Trust beneficiaries without the necessity of going through the court system and having your estate probated. It also provides for privacy because your Trust is not filed with the probate court. Prior to your death, you can make any changes or even terminate your Trust. Upon your death, your Trust becomes irrevocable and the Successor Trustee distributes your Trust assets to your beneficiaries and manages the Trust assets as you have directed.
Additional Services: Guardianship | Probate Process