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Practice Areas

Estate Planning, Wills, and Trusts

Everyone needs an estate plan. There is a common misconception that only people with significant financial assets need to create an estate plan, but estate planning is about more than asset protection. Estate plans can help protect your loved ones during difficult times including an unexpected death or mental incapacity.

 

Incapacity Planning

It can be difficult to think about what will happen if you or a loved one is no longer able to make decisions about your care or finances. Incapacity planning helps make sure that the first people in line to make those decisions are those you choose and trust.

  • The Durable Power of Attorney appoints the person who will make financial decisions should you become incapacitated.

  • An Advanced Healthcare Directive names an agent to make healthcare related decisions for you in case you become incapacitated. It can also help inform your medical team and family members of your wishes if you are unable to tell them yourself.

 

Guardianship of minors

Estate planning can include a plan for your minor children so that they are taken care of by the people you trust and choose.

What is the difference between a Will and a Trust?

Will

What a will does:

Plans for what will happen after you die;

Designates guardians for minor children;

Designates how assets are to be distributed;

Helps keep a family out of conflict;

Ensures court supervision and oversight, and can create a testamentary trust.

What a will does not do:

Avoid probate

Plan for incapacity

What a trust does:

Plans for what will happen if you die OR become incapacitated;

Avoids probate (if funded properly);

May have tax benefits (depending on the estate and planning objectives).

Protects Privacy

A trust-based estate plan contains a trust and a "pour over" will.

Trust
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