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What is estate planning?
Estate planning is a process allowing you to arrange how you want your assets to be managed and distributed upon your death. Sometimes, if you have limited assets, limited beneficiaries, and limited instructions on how to distribute your assets to the beneficiaries, planning is pretty straightforward. On the other hand, the more assets, the more beneficiaries, and the more instructions may require an estate plan that is more complex and varied.
Generally, there are two components of estate planning with one involving the legal aspects of it and the other involving the non-legal aspects of the plan. Your estate planning attorney can help with both. Legally speaking, your lawyer will review your personal and financial situation and create documents that address the latter. Non-legally speaking, your lawyer will develop an investment strategy for retirement purposes.
An estate plan will include the documents that accommodate your specific needs. It may involve some or all of the following:
Probate is the legal process of transferring the property from a deceased person's estate to their heirs or beneficiaries. It is overseen by the local probate court.
Dying without a will means you die intestate. Your assets and belongings will get passed to your heirs according to your state's intestacy laws.
In rare cases, the differences in state laws could make it invalid. More commonly, if you moved to a state that views marital property differently from your former state of residence, the change in laws could result in complications. It is wise to revisit your will with an attorney in your new state after moving.
While you do not need a lawyer to write a will, doing so is a considerable risk. A last will and testament that was not written by a lawyer or that was created using an online form are more likely to be challenged, deemed invalid, or leave significant assets unaccounted for, which can create confusion and unforeseen outcomes.
People need to have testamentary capacity to make a valid will. This often requires an understanding of the property being devised in the will, who is going to receive it, and the purpose and function of a will. People with Alzheimer's or dementia may struggle with testamentary capacity. The best way to make sure they have a will in place is to hire a lawyer to help.
If you die without a will, your estate will pass to others through your state's intestacy laws. If you have no children, then property will be disbursed to family members. If there are no heirs according to your state's intestacy laws, then the state may acquire the property. So, even if you do not have children, you still need a will if you do not want the state to make decisions for you about who gets what from your estate.
Keep in mind you do not have to create a will to benefit only family. A will allows you to pass your estate in a way that will serve what matters most to you: this could be preserving the financial wellbeing of your partner, parents, or siblings, but also setting money aside for the care of a pet, or assisting a charitable organization aligned with your values.
No. It is crucial to update your will after getting a divorce so that your most recent wishes are reflected in it.
It depends on the language in the will. If your will specifies an action that will happen to unnamed offspring (for example: “All of my property equally to my children”), the interpretation would be different than if you made a specific bequest to a named child or children. You should always revisit your will after having a child.
A will – also called a last will and testament – comes into effect when its creator dies and directs the executor on how to transfer the property in the estate. A living will, on the other hand, comes into effect when its creator is alive but incapacitated – it tells others what the creator's preferences and medical decisions are regarding their healthcare.
A trust is a pool of assets that is set aside to be managed by a trustee, for the benefit of someone else, called the beneficiary.
A trust sets aside some assets for a trustee to manage for the sake of a beneficiary. The assets set aside in the trust do not go through probate, simplifying and expediting its transfer out of the estate. The trustee must follow the instructions set out by the trust.
Yes. Many trusts are testamentary trusts, and are created in the decedent's will. Lots of other trusts are made during the person's life to set aside some assets outside of their will.
No, trusts can be created by anyone who wants to set aside money for someone but who does not want to give them the money in a lump sum. They are especially common when the beneficiary is underage or is unable to manage their own affairs.
When spouses jointly own property and then one spouse passes away, the property is automatically passed to the surviving spouse. An example would be the marital home owned by both spouses.
A guardian is a person who is responsible for someone else's well-being. People often appoint a guardian for their underage children in their will or for their adult children with special needs. These legal guardians can make legal decisions on behalf of their charges, much like a parent.
Naming a legal guardian for your underage children is a common provision in a will. You also have the ability to appoint a conservator for adult children who may be unable to make certain decisions.
If you do not appoint a legal guardian via a will, the court will appoint one upon your death. For this reason, it is important even if it seems like commonsense to make sure you designate a guardian in your will.
A common way to ensure a special needs child continues to receive the care they need is to appoint a guardian for them and to create a trust fund in their name. Special needs child trusts are specific for this purpose.
A common way to care for pets after their owner passes away is to state in the will who is to care for the animal and then create a testamentary trust for the benefit of the pet.
The costs for an estate planning attorney depends on multiple factors. First, what all do you want in your estate plan? How much in the way of assets fo you have? The more complicated your estate plan, the more costs you will expend. Second, how does the attorney charge? Is it by flat fee, which is most common among estate planning attorneys, or by hourly rate? In the former, less services may be included in the fixed rate, but in the latter, hours can add up quickly. You want to be sure exactly what you are getting (and not) for the price you are paying. You may pay a couple hundred dollars, or you could pay a couple thousand dollars.
A power of attorney is essential for people who are unable to make important medical or financial decisions on their own behalf, usually because they are incapacitated or suffering from a medical condition. There are five types of powers of attorney, each with their own purpose:
At Robles Law, P.A., we know you have lots of questions about estate planning. Our estate planning lawyer in Florida is here to answer your specific questions. Contact by calling us directly at (941) 315-2114 to schedule a Free 30 Minute Consultation.
Dear Friends, In the dynamic tapestry of life, small businesses are the threads that weave communities together. As an elder law and estate planning attorney at Bellomo & Associates, Ive had the privilege of assisting individuals and families in preserving their legacies. Today, I want to address a group close to my heart small business owners. Small businesses arent just economic entities; they are the heartbeat of our communities. Your dedication, hard work, and entrepreneurial spirit contribute not only to your familys well-being but also to the vitality of the neighborhoods we call home. For many small business owners, the line between personal and professional life is beautifully blurred. Your legacy isnt just about the products or services you offer; its about the dreams youve nurtured and the impact youve had on those around you. As we embark on the journey of estate planning, its crucial to recognize the interwoven nature of business and family. One common oversight is neglecting the unique considerations that come with passing down a business. Whether youre a seasoned entrepreneur or just starting your venture, a well-crafted estate plan ensures the seamless transition of your business to the next generation, preserving not only its financial value but also the essence of your hard work and dedication. Succession planning is a vital aspect of estate planning for small business owners. Its about cultivating the seeds of your success and ensuring that the business youve built with passion continues to thrive. By thoughtfully designating successors and outlining a clear plan, you pave the way for a smooth transition, minimizing disruptions and securing the future of your enterprise. Your business is more than a source of income; its a foundation that supports your familys dreams and aspirations. Estate planning goes beyond business assets; it safeguards the well-being of your loved ones, providing a roadmap for their financial security and peace of mind. To my fellow small business owners, I extend an invitation to join us at our upcoming estate planning workshop. Its a space where we delve into the unique considerations of business-centric estate planning and connect with like-minded individuals facing similar challenges. Bring your questions, share your experiences, and lets work together to ensure your legacy is as resilient as your entrepreneurial spirit. Estate planning is not just a legal process; its a commitment to nurturing what matters most. I look forward to meeting you and exploring the important next steps in securing both your business and family legacies. To a future of continued success and lasting impact, Jeff Bellomo
Greetings, I trust this message finds you in good health and high spirits. In my years as an elder law and estate planning attorney here at Bellomo & Associates, Ive had the privilege of guiding families through the intricacies of planning for the future. Today, I want to share some insights on common estate planning mistakes, drawing from the experiences of those Ive had the honor of assisting. Its human nature to postpone tasks, especially those that involve contemplating the future. However, delaying your estate planning can have significant consequences. Whether youre an income-generating couple, a seasoned individual considering nursing home care, or a young family with dreams to protect, procrastination can rob you of the peace of mind that comes with a well-thought-out plan. No two families are the same, and neither should their estate plans be. Cookie-cutter approaches often neglect the nuances that make your situation unique. As your trusted advisor, I emphasize the importance of personalized solutions. Your plan should reflect your values, aspirations, and the legacy you wish to leave behind. Life is dynamic, and so are your circumstances. Marriage, births, career shifts, and even unexpected health challenges can reshape your priorities. Failing to update your estate plan accordingly can lead to unintended consequences. Regular reviews ensure that your plan remains a true reflection of your current life stage and desires. Discussing end-of-life matters can be uncomfortable, but its a crucial step in ensuring your wishes are understood and respected. Communicating openly with your loved ones about your estate plan can prevent misunderstandings and provide clarity during challenging times. In the age of online resources, its tempting to try a do-it-yourself approach to estate planning. However, the potential pitfalls of DIY plans can far outweigh the perceived cost savings. Professional guidance ensures that your plan complies with legal requirements and considers intricate details that may be overlooked. To those of you who resonate with these considerations, I extend an invitation to join us at our next estate planning workshop. Its not just an opportunity to learn about common mistakes but also a chance to connect with others who share similar concerns. Bring your questions, share your stories, and lets navigate the path to a secure future together. Remember, estate planning is not just a legal process; its a journey toward safeguarding what matters most to you. I look forward to meeting you and exploring the important next steps in creating a plan that reflects your unique legacy. To a future of informed decisions and lasting legacies, Jeff BellomoWe offer FREE WORKSHOPS every week! Click here to register!
Im Jeff Bellomo, an elder law and estate planning attorney at Bellomo & Associates in York and Lancaster, PA. Today, were going to embark on a journey together, one that demystifies the process of probate. Its a topic that touches the lives of many. Lets delve into Understanding Probate: A Step-by-Step Guide. The Path Begins with a LossProbate is often viewed as a complex legal process. But its crucial to remember that its not just about legalese and paperwork. Its a path that often begins with the loss of a loved one, a time when emotions run deep, and the need for support is essential. When someone passes away, the first step is to open an estate. This is done by filing a petition with the appropriate court, and this court will oversee the administration of the estate. During this time, the court will appoint an executor or personal representative, who plays a critical role in managing the deceased persons affairs. Inventory and Appraisal: Preserving Your LegacyThe next step is inventory and appraisal, a process of cataloging and valuing the assets within the estate. This may include real estate, financial assets, personal property, and more. Its not just about numbers on a page; its about preserving your loved ones legacy. Heres where it gets a bit emotional. Memories are often tightly connected to these assets. It can be challenging to go through this step, but its essential for ensuring a fair distribution of the estate and honoring your loved ones wishes. Notification and Payment of DebtsOne of the next steps involves notifying creditors of the deceased persons passing and paying off debts. This part can feel like navigating uncharted waters, especially when emotions are still raw. Its essential to ensure that all debts are resolved before the remaining assets are distributed to heirs. The Final Stage: Distribution to HeirsThe final step is the distribution of the remaining assets to heirs or beneficiaries. This is where the fruits of your loved ones lifes work are passed on to the next generation. Its a time to honor their memory and to provide for the financial well-being of those left behind. The Heart of ProbateProbate, though often seen as a legal process, is, at its core, a journey of the heart. Its about closure, healing, and ensuring that your loved ones wishes are carried out. Here at Bellomo & Associates, we understand that the emotional aspect of probate can be overwhelming, especially when coupled with the legal intricacies. Thats why were here to guide you through every step of the way, providing the support and expertise needed to navigate this journey with confidence. Join Us at Our Estate Planning WorkshopIf youd like to learn more about probate and other critical aspects of estate planning, I invite you to join us at our next estate planning workshop. Its a place where you can connect with other like-minded individuals and ask questions. Its about taking those important next steps in creating a comprehensive estate plan. Remember, youre not alone on this path. Were here to support you, connect with your emotions, and guide you toward securing your familys future.
At Robles Law, P.A., we specialize in delivering personalized legal services, particularly for those who are housebound or residing in healthcare facilities. Our concierge services are designed to meet the unique needs of seniors and individuals in hospitals, nursing homes, or skilled nursing facilities.Tailored Legal Assistance for Medicaid and Veterans' BenefitsNavigating the complexities of Medicaid and Veterans' benefits can be daunting, especially with annual changes to these programs. Robles Law is here to assist you in understanding and managing these critical aspects of your healthcare and financial planning. Our team provides comprehensive consultations to analyze your specific situation and goals, ensuring that you receive the best possible guidance.Personalized Consultations and PlanningOur approach is centered around you. We offer personalized consultations to help you understand the various options available and to empower you to make informed decisions about your future. Whether you need assistance with current applications or are planning ahead, Robles Law is committed to providing the support you need.Compassionate and Comprehensive Legal SupportAt Robles Law, we believe in compassionate and comprehensive legal support. We are dedicated to working closely with you every step of the way, making sure that you fully understand your choices and feel confident in your decisions.Our Services Include: Medicaid Applications and Planning, Veterans' Benefits Applications and Planning, Personalized Legal Consultations, Assistance for Housebound Individuals and Those in Healthcare Facilities
At Robles Law, P.A., we specialize in bringing the law to your corner. We offer concierge services for housebound seniors or those who are unable to leave the hospital, nursing home or skilled nursing facility. Whether it is applying for Medicaid or Veterans' benefits or planning ahead for Medicaid or Veterans' benefits, Robles Law is here to help. As the Medicaid programs and Veterans' benefits programs change every year, a consultation is required to clearly analyze your individual situation and goals. We will work with you every step of the way to make sure that you understand the choices you are making and feel empowered to make them.
At Robles Law, P.A., we specialize in bringing the law to your corner. We offer concierge services for housebound seniors or those who are unable to leave the hospital, nursing home or skilled nursing facility. Whether it is applying for Medicaid or Veterans' benefits or planning ahead for Medicaid or Veterans' benefits, Robles Law is here to help. As the Medicaid programs and Veterans' benefits programs change every year, a consultation is required to clearly analyze your individual situation and goals. We will work with you every step of the way to make sure that you understand the choices you are making and feel empowered to make them.