Why plan your estate?

Estate planning deals with the notion of death and incapacity.  People often shy away from such topics, and sometimes have a tendency to postpone estate planning.  However, if planning for your demise is postponed until it is too late, after your death, you incur the risk that your intended beneficiaries will not receive what you would have wanted them to.  Protection that you could have put into place will be unavailable to them.

Everyone should consider their estate planning needs, regardless of their family size or degree of wealth.  Someone who has worked hard their entire life to accumulate a $100,000 estate has the same need for fulfillment of their wishes as someone who has a $10,000,000 estate!

What is the result if you do not formulate your own estate plan?  The state has a default plan for you, and your assets will be distributed through the laws of “intestate succession”.  Such laws are developed in an attempt to distribute your assets as the “average” person would have wanted.  Is this how you want to leave your loved ones?

Protect yourself and your family by developing an estate plan that meets your unique needs.

What are your estate planning objectives?

• Protect your loved one's assets from what is commonly known as "nursing home spend down"
   

• Avoid the time and expense of probate administration
   

• Protect yourself and your loved ones from incapacity
   

• Protect and plan for special needs or minor children
   

• Ensure your beneficiaries use their inheritance wisely
   

• Reduce estate taxes
   

• Understand what to do after a loved one passes away
   

• Have peace of mind knowing your wishes will be fulfilled
   

How can you achieve your estate planning objectives?

The first step in achieving your objectives is meeting with an estate planning attorney.  The estate planning attorney will partner with you in developing an estate plan customized to meet your needs.

The estate planning attorney has a number of tools that can help you achieve your objectives.  Your unique situation will be assessed, and you will be given advice on the tools most appropriate to meet your needs.

Common tools that may be discussed include:

• Will
  A will is a basic estate planning document that most individuals should have in their estate plan. It will work with other elements of your estate plan, and can provide for appointment of a guardian for a minor or special needs child.
   

• Trust
  A trust is an estate planning document that may help you in providing incapacity protection, control over assets following death, probate avoidance, minimization of estate tax, and privacy.
   

• Power of attorney
  A power of attorney is given by you to a trusted family member or friend so that they can act on your behalf.  These individuals have a fiduciary duty to act in your best interest.  A healthcare power of attorney can also be created to appoint someone to make your medical decisions if you are unable to do so.
   

• Advanced directive
  An advanced directive stipulates your desire regarding medical treatment in advance.  This tool ensures compliance with your wishes for medical treatment should you become incapacitated
   

• Beneficiary designations & forms of ownership
  Beneficiary designations and certain forms of ownership allow one to transfer an asset to another person immediately upon the owner’s death.

Contact us for your free consultation and determine what estate planning tools will meet your needs.