Who Needs Estate Planning?
Estate planning is essential for everyone age 18 and over to appoint trusted individuals to have the authority to make decisions on their behalf in the event of incapacity or death. Without such planning, an unexpected incident, illness, or death could lead to a long and expensive court process, potentially disputable by relatives (known as guardianship or probate, respectively). The court would then have to appoint an agent, possibly an unfamiliar third party, to make decisions for you while living or to manage your estate according to state intestacy laws in the absence of prior arrangements. This planning can be achieved through straightforward and affordable documents like a Durable Power of Attorney, Health Care Directive, and Last Will and Testament.
How We Can Help!
We routinely prepare comprehensive estate plans for our clients that include, as needed, the following documents: HIPPA Release, Durable Power of Attorney, Health Care Directive, Will, Revocable Trust, Trust Amendment, Amended and Restated Trust, Bill of Sale, Assignment of Business Interest, Certificate of Trust and Delaware Deeds. Further, we assist our clients with proper titling of assets (including out of state deeds) to ensure their plan accomplishes the intended goal. We are knowledgeable and equipped to support families in planning for relatives with special needs through the establishment of Special Needs Trusts, ABLE accounts, Miller Trusts for Medicaid eligibility, and other resources.
We also ensure clients are aware that revocable trusts can serve as an alternative to wills, offering advanced planning for various reasons such as:
– Asset protection for their loved ones, particularly when the client wishes to shield a beneficiary from creditors, debtors, or spouses in the event of a divorce.
– Retention of control over assets posthumously, which includes providing for a beneficiary for life and deciding the final recipients of the assets. Often used in blended families and when beneficiaries are minors or have a history of spending, gambling, or substance abuse issues.
– Avoidance of multi-state probate, useful for clients owning real property in more than one state or in multiple counties within a single state.
– Probate avoidance to reduce probate fees, to keep the estate private, and to streamline the management of their estate, making the process more efficient and less burdensome for their loved ones.
Contact us to schedule a complimentary consultation to learn more.