Estate Planning Services

Last Will and Testament

 

A Last Will and Testament, or Will, is a document that controls the distribution of your assets at your death. After your passing, your Will goes through an administration process called probate. Probate includes presenting the Will to the court to determine the validity of the Will, paying any creditors of your estate, and distributing your assets to your beneficiaries named in the Will.

A Will can also address naming a guardian for minor children as well as establishing trusts upon your death to manage a beneficiary’s inheritance.

A Will becomes part of the public record at your death.

Revocable Living Trust

 

A Revocable Living Trust is an alternative to a Will and can be a beneficial tool for clients who want to avoid probate or have other concerns beyond what a Will can address, such as maintaining privacy or providing for the ongoing management of assets during life and after death.

A court process is not required to distribute assets held in your Revocable Living Trust to your beneficiaries upon your passing. The assets held in the Revocable Living Trust can also be managed and controlled by you, the person setting up the trust, during your life.

A Revocable Living Trust is not a public document and can provide a level of privacy for assets titled in the name of the Revocable Living Trust, rather than titled in an individual’s name.

Power of Attorney

 

A Power of Attorney is a document that allows you, the principal, to appoint someone to act on your behalf, the agent, regarding financial or medical matters. Nominating a power of attorney agent prior to actually needing the agent to act on your behalf is vitally important.

Once an incapacity occurs, it will be too late to execute a Power of Attorney and a court may need to step in to appoint someone to manage your financial or medical affairs.

While incapacity planning is an important reason to execute a Power of Attorney, your agent may, if authorized by you, act on your behalf while you are competent but merely unavailable. For example, you may be traveling and need someone to pay your bills while your are away.

Advance Care Directive

 

The Advance Care Directive, or Living Will, is used to allow you express your wishes regarding end of life care and treatment options, as well as nominate someone, your agent, to speak with your healthcare team if you are unable to communicate regarding your medical treatment.

Providing guidance to your family ahead of time can ease the burden in the moment and make sure your family is not left with questions of how to proceed with your care.

Similar to the Power of Attorney, this document must be executed by you prior to the occurrence of an incapacity.