Avoid Probate with responsible estate planning. Most people think that all they need is a Will and to designate beneficiaries to make sure their property passes to their heirs when they die. Most of those people could not be more wrong! A Will does not avoid Probate!
If you own real property or have minor children, you likely need a comprehensive Estate Plan, including a Living Trust. A Comprehensive Estate Plan is a way to provide instructions for the transfer of your assets to your heirs on your death, outside of the Probate Court, and to ensure management of your finances and health care if you become incapacitated without unnecessary court involvement and excessive fees and costs. When you have a properly funded Comprehensive Estate Plan, you can eliminate all of the fees, hassles, and courtroom drama associated with Probate. You also prevent court interference if you become incapacitated, and provide nominations for guardianship of your minor children. A comprehensive Estate Plan can provide you with more privacy than a will because, in most states, Living Trusts are not recorded, thus are private documents.
When preparing your comprehensive Estate Planning package, we will provide you with:
A customized Revocable Living Trust
Generally, a Revocable Living Trust provides that upon your death, your property shall go to the named beneficiaries according to your specific inheriting instructions. Additionally, a revocable living trust will also provide for instructions for management of your assets if you become incapacitated.
A “pour-over” Will
A Pour-Over Will is a special type of Will that, used in conjunction with a trust, allows for assets not titled in the trust to be directed into the trust upon your death.
A Durable Power of Attorney for Personal and Financial Matters
A Durable Power of Attorney allows your to authorized agents to act on your behalf on personal and financial matters. It is called durable because it allows the person you authorized to act on your behalf if you become incapacitated.
An Advance Health Care Directive
An Advance Health Care Directive, also known as living will, is a legal document in which you can specify what actions should be taken for your health if you are no longer able to make decisions for yourself because of incapacity and ensure that your health care agent will have access to your medical records in order to make necessary medical care decisions on your behalf.
Certification of Trust
A Certification of Trust is a privacy document used to retitle assets into your trust. It is a document you can present to banks, credit unions, and other financial instructions that confirms your authority to act on behalf of the trust while keeping the personal information in your trust private.
Schedule of Assets
A Schedule of Assets is a document containing a comprehensive listing of the assets that have been transferred (funded) into your trust as well as a list of those assets that have beneficiary designations that are not typically retitled into the name of the trust. This document also serves as your intent showing your intent of what assets you planned to hold in your trust.
If you, or someone you know is in need of the above-mentioned legal services, please call our office at (619) 683-2545 to schedule a free, no obligation, one-on-one consultation with one of our experienced Estate Planning lawyers to discuss your legal needs. Or Contact Us Here!