Even a basic will requires special consideration to meet state-specific legal requirements. An attorney can ensure your will is legally enforceable and carried out as you intended after your death.
Everyone, no matter their age or wealth, should create a will. A will allows you to identify an executor, beneficiaries and trustees for trusts established within it.
Estate planning
Wills are legal documents that outline an individual’s final wishes regarding property distribution and guardianship for children. A comprehensive estate plan, however, goes much further and may help lower or avoid taxes altogether, assist with business planning activities, and more – making working with an experienced wills trusts and estates attorney an intelligent decision.
Estate planning can be an arduous process for families as it requires extensive paperwork and information gathering from family members and heirs. Furthermore, an assessment must be made of all assets owned and their value for potential tax implications.
An experienced estate attorney can offer invaluable guidance in avoiding state and federal estate taxes that are calculated according to asset value rather than income. They can also arrange trusts that give beneficiaries privacy while protecting them against creditors; furthermore they can make wills self-proveing for added peace of mind.
Living wills
A living will is a legal document that details your healthcare preferences in case of permanent unconsciousness or other incapacitating conditions, including designating someone as your health care proxy to make decisions on your behalf in case something arises that requires medical intervention.
Documents can also specify what medical treatments you would like in certain situations, such as breathing machines that fill your lungs with air or dialysis that filters blood. They can also include when and how you wish to end life support and be declared deceased.
A living will is an integral component of advance care planning and should be treated as one of the most essential documents you create. Unfortunately, however, it doesn’t address gifts or property which must pass through probate for sale such as real estate and financial accounts – therefore you should ensure all necessary documents are in order.
Probate
Probate is the process of identifying and dispersing assets after death. While certain assets such as real estate or IRAs may pass outside probate without court approval before distribution can occur, most estates require this approval in order to distribute assets according to their titles or contracts.
Probate involves having your Will authenticated by the court and verifying its compliance with state requirements, such as whether it was signed in front of witnesses and notarized. An attorney can help ensure your Will includes a self-proving affidavit to speed up this process.
An independent judge must also approve of your executor and personal representative if they were named in your will. An executor’s role includes liquidating assets to pay any debts or taxes owed by your estate before dispersing what remains according to its instructions in your Will. If family members are beneficiaries, a bond might also be required as protection against errors by their executor.
Trusts
Trusts are fiduciary arrangements designed to hold and distribute assets either before or after death, protecting both from lawsuits or creditor claims and minimizing taxes. Trusts can either be irrevocable or revocable and used for many different goals – from asset management and preservation for minor children up until an age you specify, to minimising estate taxes and providing charitable giving opportunities.
Wills can also name guardians for children and list funeral preferences, such as whether you want to be buried or cremated and where your ashes should be scattered. Wills also name beneficiaries of your estate while designating executors to carry out directives and specifying property you’d like left behind.
Though trusts may seem more complicated to set up than wills, they can save your heirs thousands by eliminating probate costs in the long run. They do, however, require ongoing updates as assets change in value during your lifetime and ongoing administration costs may incur for updating its contents as you acquire new assets.