1. Why make an estate plan:
Everyone has an estate,
irrespective of its content and size. It comprises all that you legally own.
Drafting a well thought out estate plan ensures that your plans for your
medical care, guardianship for you or your minor children, and management
and distribution of your assets
2. What happens if you don’t have a "durable power of attorney"?
If you do not have a Power of Attorney or
Patient Advocate Designation and you become incapacitated, the probate court
will appoint a Guardian to make your medical decisions and appoint a
Conservator to handle your financial affairs. If your family members do not agree as to
3. What happens if you don't have a "will"?
if you do not have a Will, the probate court will appoint a
Personal Representative and distribute your assets
4. Things to consider when making your estate plan:
- Who will be the Personal Representative of your Last Will?
- Who will be the Successor Trustee after you, if you draft a
- Who should be the Guardian of a minor
- Who will make financial decisions for you if you cannot make
- Who will make healthcare decisions for you if you cannot
make them yourself?
- How you want end- of-life medical care handled?
- Do you want to make any anatomical gifts at your death?
- How you want your estate distributed at your death?
5. What’s the difference between having a “Will” and a “Living Trust”?
A "Last Will & Testament " is a written
document that states who you wish to be the guardians for your minor children
and how you would like your assets distributed at your death. It names a Personal Representative to facilitate the management of your assets during the probate process. "Trusts" are legal documents that allow you to create a separate legal entity to hold your assets.
How will I know whether I only need a “Will” or if I also need a “Revocable Living Trust?”
During your consultation we will discuss the benefits of both. Based on your particular circumstances we can assist you with making the right decision.
6. Is a Living Trust valid in all states?
Yes, a Living Trust is valid in all fifty states, plus the District of Columbia
7. Isn’t a Living Trust only for the rich?
No. A Living Trust can help anyone protect his or her family. Any person with an estate large enough to require probate may derive meaningful
8. Does a Revocable Living Trust protect my assets should I have to go into a nursing home?
No. Because you maintain complete control over your assets titled in your Living Trust,
You have the option to prepare a Joint Trust along with all the matching supporting documents for a “Non-traditional Couple”.
10. My spouse is not a U.S. citizen:
A non-citizen surviving spouse can
11. What to do after creating a Living Trust? You need to fund your trust - make sure