Probate


Probate

WILLS AND PROBATE


Here is a list of items all adults should have because you never know what may happen:
1.  Will2.  Living Will/Medical directive3.  Durable Power of Attorney4. General financial Estate Planning/Trusts
WILLS
You plan for vacations. You plan for your first home. You plan for your retirement, but you should also plan for your final wishes. For all the expenses a family has to take care of, the writing of a will or handling probate is not normally the top of the to do list.   Writing a will is usually not at the top of anyone’s happy plans, but it is a necessary part of life. If you don’t decide what happens to your personal belongings then the state will and it will not likely be your wishes. Let us help you plan for the future that we all will face.

Living Will/Medical Directive
A living will is a written statement detailing a person's desires regarding their medical treatment in circumstances in which they are no longer able to express informed consent, especially an advance directive.
An advance medical directive is a document by which a person makes provision for health care decisions in the event that, in the future, he/she becomes unable to make those decisions.

Durable Power of Attorney
A durable power of attorney simply means that the document stays in effect if you become incapacitated and unable to handle matters on your own. (Ordinary, or "nondurable," powers of attorney automatically end if the person who makes them loses mental capacity.)

General Financial Estate Planning/Trusts
Estate planning is the act of preparing for the transfer of a person's wealth and assets after his or her death. Assets, life insurance, pensions, real estate, cars, personal belongings, and debts are all part of one's estate.

Trusts are a fiduciary relationship in which one party, known as a trustor, gives another party, the trustee, the right to hold title to property or assets for the benefit of a third party, the beneficiary.

There are two types of trusts:
1. Living Trust (inter-vivos): A trust that is in effect during the trustor's lifetime.
2. Testamentary Trust: A trust that is created through the will of a deceased person. 

For example, a trust can be used if a beneficiary is under age or has a mental disability that impairs the person's ability to maintain his or her own finances. Once the beneficiary is deemed able to manage the funds or assets by the terms dictated under the trust, the beneficiary will receive possession of the trust. The trust is taxed on any funds not distributed to the beneficiary.