Estate Planning Services
- Estate Planning Services
What is Estate Planning?
In the case of estate planning, one size does not fit all. Out of the box Wills can only do so much; they cannot consider all of the possible and unique factors that make up a person’s estate, and they often do not include important state-specific language. A skilled and experienced attorney knows the questions that need to be asked and can take you through the steps to create a plan that is specific and individual to you and your circumstances.

Wills & Trusts

What is a Will?

What is a Trust?
A trust can be created by a Will that doesn’t come into effect until after the Will is probated.
A living trust is a stand-alone document that can go into effect as soon as it is signed. It is a legal entity with a named trustee who agrees to manage and hold your assets by the rules you have set forth.
The terms of a trust are private and while more expensive than a Will to create, it can be used to more effectively manage your assets during a period of incapacity and continue to manage your assets after death if that is what you wish. It does not need to go through probate.
Do I need a Will or a Trust?
The type of estate planning document that best suits you depends on your circumstances and wishes.

Minor Children
If you have minor children you may consider a trust created by your Will to hold your children’s money until they reach a milestone, such as age or degree.

Children From Previous Relationship
If you or your spouse have children from a previous relationship, consider a Revocable Living Trust to protect the interests of all members of the family.

Property in Another State
If you or your spouse hold property in another state, consider a Revocable Living Trust to avoid having to go through probate in another state.

Probate Avoidance
Unlike a will, a properly created and funded trust keeps your estate out of probate, avoiding associated costs and maintaining privacy for your assets and beneficiaries.
Powers of Attorney

What is a Power of Attorney?

What are Medical Powers of Attorney?
Additional Estate Planning Services

Physician's
Directives
An individual can determine whether they want the use of life sustaining treatments under specific medical circumstances.

Guardianship Designations

HIPAA
Releases

Disposition
of Remains
A form that allows a person to give instructions regarding funeral wishes and name an individual to be in charge of making the arrangements.
FAQs
Financial Agent: a financial agent must be someone you trust completely to manage your funds when you are not able. This person will pay bills, manage your 401k, and manage all financial situations. Your agent does not have to be related to you—select a person whom you trust.
Healthcare Agent: this agent acts under the authority of power of attorney. Your chosen healthcare agent will make healthcare-related decisions for you when you cannot make them for yourself. It is imperative that this agent has engaged in detailed and intimate conversations with you regarding the levels of care that you would want them to take.
Location of your agent should not be an issue in this age of electronic communication and technology. Scanners, telephones, and computers allow for finances to be handled securely from afar. Make certain to keep the contact information for your named agent up to date however.
An agent is someone who agrees to serve as your representative, often a relative or a child, however the agent can be anyone you trust to carry out your wishes. Depending upon the size of your estate, you may also create a trust and appoint a corporate trustee. Geriatric care managers can sometimes handle medical-based decisions. This is usually under a fee-based arrangement.
If you do not have anyone you trust to name as your agent, get your affairs in order and organized, and speak to an elder law attorney about your potential options.
Yes. Most states allow an executor who lives out of state to be named as the executor. Each state has its own rules for the requirements of such an executor.