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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.
Planning for the future is one of the most important things we can do to protect our families and preserve our legacy. In Denver, Colorado, where an increasing number of older adults are choosing to age in place or relocate for quality senior services, estate planning is a critical component of preparing for the next stage of life.Whether you're thinking about creating a will, assigning a power of attorney, or setting up a trust, understanding the basics of estate planning and how to get started in the Denver area can bring peace of mind and lasting benefits for your loved ones. What Is Estate Planning?Estate planning is the process of arranging and organizing your assets and healthcare preferences so that your wishes are clearly documented and legally enforceable. It involves creating key legal documents such as:A Last Will and TestamentA Living TrustPowers of Attorney for healthcare and financesAdvance Directives and Living WillsGuardianship designations for minors or dependentsThese tools ensure your wishes are carried out in the event of illness, incapacity, or deathwhile also easing the burden on your family members. Why Estate Planning Matters for Denver SeniorsDenver is home to a thriving and diverse senior population. As more individuals reach retirement age, estate planning becomes a vital part of preparing for long-term care, managing assets, and reducing the legal complexities families may face after a loved one passes.Heres why estate planning is especially important in Denver:Protecting Your Assets: Rising home values and diverse investment portfolios in Denver mean many seniors have more to protect. Estate planning ensures those assets are passed on according to your wishes.Planning for Health and Care: Denver offers a wide range of healthcare and senior living options. By including medical directives in your estate plan, you can ensure your preferences for care are honored.Reducing Stress for Loved Ones: Clear estate plans reduce confusion and family disputes while helping loved ones manage your affairs efficiently and legally. Estate Planning Resources in DenverEstate planning doesnt have to be overwhelming. The Denver metro area is rich in resources to help seniors make informed decisions, including elder law attorneys, financial advisors, and nonprofit legal services. It's important to work with professionals familiar with Colorado estate laws.You can start your search for local estate planning support and elder law services here:Denver Senior Resources Directory Legal & Financial Services for Denver Seniors Getting Started with Estate Planning in ColoradoIf you're new to estate planning or revisiting your documents after a life change, here are a few steps to get started: Take Inventory of Your Assets: Include property, investments, retirement accounts, insurance policies, and personal belongings. Define Your Wishes: Decide who should receive your assets, who will make decisions for you if you're unable, and what kind of medical care you want. Consult with a Professional: An elder law attorney or estate planner can help you understand state laws and create a legally sound plan. Keep Documents Updated: Revisit your estate plan every few years or after major life events such as marriage, divorce, or the birth of a grandchild. A Final Word: Peace of Mind Through PlanningEstate planning is one of the greatest gifts you can give to your loved ones. It ensures your legacy is protected, your healthcare choices are honored, and your family is supported during lifes most difficult transitions. If you or a loved one are considering estate planning in the Denver area, take advantage of the trusted resources offered by Seniors Blue Book. We are here to help you navigate the journey with clarity and confidence.
Why Hire an Elder Law Attorney? Elder law attorneys specialize in estate planning, incapacity planning, and end-of-life care for seniors, helping them remain in their homes and protect against abuse. They are essential in planning for the future and addressing the needs of a vulnerable population. How Can an Elder Law Attorney Help? Long-Term Care Planning: As the number of Americans over 65 is projected to exceed 80 million by 2040, planning for long-term care is increasingly important. Elder law attorneys assist seniors in creating financial plans to cover essential needs like food, rent, and medical care. They also guide clients in applying for public benefits such as Medicaid and Medicare. Housing: Many seniors wish to age in place. Attorneys can represent clients in landlord-tenant disputes, helping them navigate issues like city ordinance violations. They also protect seniors against housing discrimination under the Fair Housing Act. Estate Planning Document Preparation: Elder law attorneys draft critical documents such as wills, health care directives, and powers of attorney, ensuring that seniors rights are protected regarding retirement benefits and medical decisions. A solid estate plan reduces family stress and potential inheritance disputes. Incapacity Planning: Attorneys can help document care wishes for seniors facing disabilities or conditions like dementia. With the rising number of Alzheimers cases, having a plan for incapacity is vital for protecting financial and physical well-being. Guardianship: In cases where an older adult cant make decisions due to conditions like dementia, attorneys assist family members in securing guardianship, which involves legal proceedings and court hearings. They can also advocate for the seniors autonomy by exploring alternatives to full guardianship. Combating Elder Abuse: Elder abuse is a significant public health issue, affecting one in six adults aged 60 and older. Elder law attorneys are well-versed in the rights of seniors and can provide legal recourse against abusers while implementing safeguards like advance directives to protect against financial exploitation. By addressing these diverse needs, elder law attorneys play a critical role in supporting the aging population and ensuring their rights and well-being are protected. Editors Note: This article is for informational purposes only and is not intended to be legal advice.This article was submitted by Ashley Day, Esq. Reach her at 251-277-3377.
When I ask our younger clients if they would like to complete a Health Care Directive, they often say no, stating that they are too young to need such a thing. My response is always, What does age have to do with end-of-life decisions? I can think of at least fifty examples of a young person ending up in the end stage of life and a family member having to make difficult decisions on their behalf. Please, do not get lulled into complacency by thinking that age is protection. I was in my doctors office recently when I noticed a large collage talking about the importance of having a Living Will or Health care Directive. It emphasized the importance of having such a document, regardless of how old you are, reinforcing to me what our office always stresses to our clients and the community. A Health care Directive is a document in which each of us tells our loved ones how we want the end of our life to be handled. When we are in a permanent vegetative state, a permanent state of unconsciousness, or in the end-stage of a medical condition, all with no reasonable likelihood of any significant recovery, it provides answers such as Do you or do you not want to be resuscitated, to you want tube feeding, and appoints an agent that can serve to make decisions for you once you are unable to do so yourself. One of the quotes on the doctors display said, End-of-life decisions should not be made at the end of life. Another said, For human beings, life is meaningful because it is a story, and in stories, endings matter. Another said, I have an Advanced Directive, not because I have a serious illness, but because I have a family. Most of us know what medical decisions we want at the end of our lives, but have we communicated that to our family and loved ones? When we meet with clients to help them create estate planning documents, we always point out to them that they have the option in their Health Care Directive of deciding what, if any, extraordinary measures they want to be taken at the end of their lives. Once they select those options, we then come to perhaps the most difficult question of all: Should these instructions be binding on their families and providers, or do they want their loved ones to be able to override their decisions? Many opt for binding instructions so their loved ones do not have to make any of those difficult decisions in the heat of a devastating crisis. Either way, they have expressed their desire to guide their loved ones. Age is not a factor in creating a Health Care Directive; tragedy can strike unexpectedly at any age. The expense is low, but the peace of mind comes from knowing that when our time comes, we have already made those decisions for ourselves and our loved ones. So, start the conversation with your family. Communicate your wishes to them and urge them to communicate theirs to you. Then, go to a qualified estate attorney and put those wishes on paper so that when your time comes, all involved, including your medical providers, know how you want the end of your life to be managed. We offer FREE Workshops each week. You can also call our office at (717) 208-2899.
At Robles Law, P.A., we specialize in bringing the law to your corner, especially for those who may be housebound or unable to leave healthcare facilities. We offer concierge services tailored to the needs of seniors and individuals in hospitals, nursing homes, or skilled nursing facilities.Whether you're navigating the complexities of Medicaid or Veterans' benefits, or planning ahead for your future, Robles Law is here to assist you. Our team understands that Medicaid and Veterans' benefits programs can change annually, which is why we offer personalized consultations to analyze your individual situation and goals.We'll work closely with you every step of the way, ensuring that you understand the choices you're making and feel empowered to make informed decisions about your future. At Robles Law, we're committed to providing compassionate and comprehensive legal support to help you navigate these important matters with confidence.
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.