Estate Planning Attorney Overview

Lawyer Assistance With Preparation of Wills, Trusts, and Powers of Attorney

When someone dies, their estate (the assets they own) must be distributed to their heirs. While many people have a plan for how they would like their property to be passed on to their loved ones, their wishes must be set down in a legal document. Without a will in place, state laws will determine how their property will be divided among their heirs. Addressing these issues ahead of time can help avoid uncertainty among family members, and a person, couple, or family can also make plans for financial management, personal care, and other important concerns.

When planning for what should happen after your death or near the end of your life, it is essential to work with an experienced estate planning attorney who understands the laws of the state where you reside and the best methods of protecting your assets, preserving your wealth, carrying out your last wishes, and passing your property to your heirs. A skilled lawyer can not only address issues related to the end of a person's life, but they can help create a comprehensive plan that will allow multiple family members to prepare for the future.

Estate Planning Tools

An estate planning attorney can provide families with assistance in preparing legal documents or addressing other concerns, including:

• Wills: A last will and testament sets down a person's wishes for how their property should be distributed to their heirs, and it can also be used to name a guardian for their minor children. An attorney can ensure that a will's terms are legally valid and enforceable.
• Trusts: A trust provides a person with flexibility and control over how their assets are managed and how they will be distributed to the beneficiaries named in the trust. Trusts can also be used to safeguard assets from creditors or abusive family members, provide a person with financial resources near the end of their life, or provide resources to loved ones who have disabilities or special needs without jeopardizing their ability to receive public benefits.
• Power of Attorney: A person may wish to name an agent who will be authorized to make decisions about their healthcare or finances if they become unable to make decisions on their own. These documents can make sure a person's wishes for medical care will be followed in situations such as a major surgery that could leave them incapacitated, while also putting someone they trust in charge of their financial affairs.
• Advance Directives: Documents such as living wills and do-not-resuscitate orders allow a person to specify what types of life-saving medical care they wish to receive if they become incapacitated or cannot communicate their wishes. This can help ensure that a person who is terminally ill will be able to pass peacefully without placing stress on family members who may be unsure about what they would have wanted.
• Guardianship: Someone who provides care for an elderly or disabled family member may wish to be named as that person's legal guardian, providing them with legal protections and allowing them to handle that person's financial and legal affairs. A guardian will be required to take actions that will protect the well-being of the person in their care, and agreements may be crafted to give a person as much control over their own life as possible.
• Elder Law: An attorney can assist elderly people with legal issues related to Social Security, Medicaid, and disability benefits. By addressing these concerns correctly, seniors can make sure they will have the resources they need later in life while also addressing medical care in nursing homes or other facilities.
• Succession Planning: Business owners may want to take steps to make sure their businesses can continue operating successfully after their retirement or death. A succession plan can ensure that ownership of a business will be transferred to a successor while also providing all required information and training needed to manage ongoing business operations.
• Probate: After a person dies, their will is entered into probate court by the executor of their estate. An attorney can assist executors in carrying out their duties, which include taking an inventory of the estate's assets, paying debts and taxes, and distributing the assets to the person's heirs. If necessary, a lawyer can also provide representation during probate litigation and resolve issues related to contested wills or estates.

By working with an estate planning lawyer, you can be sure that your family's financial needs will be met as you reach an advanced age and after your death, and you can make sure that your will, trust, or other documents meet the requirements of state law.