Elville and Associates

roles in estate and trust planning

By: Shannon F. Werbeck – Associate Attorney – Elville and Associates, P.C.

Choosing a successor to manage your affairs after your death and in the event that you are incapacitated is a crucial step in the estate and trust planning process. Listed below are the roles in estate and trust planning that an individual must assign in their estate plan. 

Health Care Agent 

A health care agent is named in the Advance Medical Directive. They are appointed by an individual (the principal) to make health care decisions on their behalf in the event the principal is incapacitated and unable to make these decisions on their own. The designated agent should be someone the principal trusts and who is willing and able to make difficult medical decisions on their behalf.  A back-up agent should also be named in the event the primary health care agent is unable to act. A health care agent is also referred to as a health care proxy, health care surrogate, or medical power of attorney. 

A health care agent is responsible for making decisions about the principal’s medical treatment, based on the principal’s previously expressed wishes laid out in their Advance Medical Directive or, if those wishes are not known, based on what the agent believes is in the principal’s best interest. The agent should makes these decisions based on the principal’s personality, religious beliefs, values and how the principal has handled other important medical decisions in the past. 

The role of a health care agent may include the following:

  1. Making Medical Decisions: The agent makes decisions about the principal’s medical treatment, including treatment options, medication, and end-of-life care.
  2. Consulting with Healthcare Providers: The agent may consult with the principal’s healthcare providers to understand the principal’s medical condition and treatment options.
  3. Communicating with Family and Friends: The agent may communicate with family members and friends to keep them informed of the principal’s medical condition and to get input on medical decisions.
  4. Accessing Medical Records: The agent may access the principal’s medical records to understand the principal’s medical history and treatment preferences.
  5. Advocating for the Principal: The agent advocates for the principal’s medical wishes and ensures that the principal receives the best possible medical care.

Financial Agent 

A financial agent is designated in the General Durable and Maryland Statutory Power of Attorney documents which authorizes an agent to act on behalf of an individual (the principal) regarding financial matters. The agent has a fiduciary duty to act in the best interest of the principal, following their wishes and instructions as outlined in the power of attorney documents. A back-up agent should also be named in the event the primary financial agent is unable to act. The agent may be given broad or limited authority, depending on the terms of the power of attorney documents.

Some of the responsibilities and tasks that a financial agent may be authorized to perform include:

  1. Managing Finances: A financial power of attorney allows the agent to manage the principal’s finances, including paying bills, managing bank accounts, investing assets, and filing tax returns.
  2. Making Financial Decisions: The agent is authorized to make financial decisions on behalf of the principal, such as buying or selling assets, managing investments, and making donations to charities.
  3. Accessing Financial Information: The agent can access the principal’s financial information, such as bank statements, tax returns, and investment accounts.
  4. Managing Real Estate: The agent may have the authority to manage the principal’s real estate holdings, such as buying, selling, or leasing property.
  5. Representing the Principal: The agent may represent the principal in legal and financial matters, such as signing contracts, negotiating deals, and communicating with financial institutions.

The agent may be given the authority to act immediately, or the principal may specify in the power of attorney documents that their power only becomes effective in the event of the principal’s incapacitation. It is important for the principal to choose an agent who is trustworthy, reliable, and capable of managing their affairs in accordance with their wishes. The agent should be someone who is familiar with the principal’s values and preferences, and who is willing and able to act in their best interest. It is also important for the principal to communicate clearly with the agent about their wishes and expectations, as outlined in the power of attorney documents, and to regularly review and update the power of attorney as needed. 

Personal Representative 

The Personal Representative is an individual or entity designated in a Last Will and Testament by an individual creating a Will (the Testator). It is important that the testator choose a responsible and trustworthy individual or entity to serve as the personal representative. The testator should also designate a back-up personal representative in the event the primary personal representative is unable or unwilling to act in their role. The responsibilities of a personal representative can vary depending on the specifics of the estate and the instructions provided in the Last Will and Testament.  Their main responsibility is to administer the decedent’s estate and to ensure that the estate administration process is carried out correctly, efficiently, and in accordance with the wishes of the decedent. 

The administration process that the personal representative is responsible for consists of: 

  1. Opening an estate with the Register of Wills Office
  2. Identifying and gathering all of the descendants’ assets, including real estate, bank accounts, investment accounts, personal property, and any other assets.
  3. Filing of an inventory outlining what assets are part of the probate estate and allowing for time for claims from any possible creditors who the decedent may have owned money.
  4. Filing of an accounting to display to the Register of Wills what is taking place inside of the estate. 
  5. Paying any outstanding debts and taxes owed by the estate, including filing any necessary tax returns.
  6. Distributing the assets of the estate to the beneficiaries named in the Last Will and Testament.
  7. Closing the estate and filing any final reports or tax returns required by Maryland law.

Guardian 

If there are minor children involved, you will want to designate an individual to be appointment guardian, or co-guardians, of your minor children in the event of your death. You should name back-up Guardians in the event the named Guardian is unable or unwilling to take on this responsibility. Naming a guardian for your children in a Last Will and Testament is an important step in ensuring that your children are taken care of in case the worst happens. A guardian is someone who will take legal responsibility for your children and make decisions about their care, upbringing, and education.

The following are important factors to take into account when designating a guardian for your children in your Last Will and Testament: 

  1. Choose someone you trust. It is important to choose a guardian who you trust to provide a safe and stable home for your children, and who share your same values and beliefs. 
  2. Consider the guardian’s ability to provide for your children. The guardian should be able to provide financially for your children and should have the time and resources to care for them properly.
  3. Speak to the potential guardian. A guardian assumes a great deal of responsibility. Before naming an individual as a guardian in your Last Will and Testament, it is important to discuss with them whether they are willing and able to take on the responsibility.
  4. Name alternate guardians. It is a good idea to name alternate guardians in case your first choice is unable to take on the responsibility.
  5. Review and update your will regularly. Your choice of guardian may change over time as your circumstances and relationships evolve, so it is important to review and update your will regularly to ensure that your wishes are accurately reflected.

If you fail to designate a guardian for your minor children, the court may decide who will be responsible for raising and taking care of them. By naming a guardian in your Last Will and Testament, you can provide peace of mind and security for your children in the event of your death. 

Trustee  

You will choose a trustee, or co-trustees, to oversee your assets if you establish a Revocable Living Trust. A trustee is responsible for managing the assets held in trust in accordance with the terms of the trust agreement and the wishes of the person who created the trust (the grantor). It is important to name successor trustees in the event the named trustee is unable or unwilling to act. The role of the trustee is an important one, as they are responsible for managing assets that are intended to provide financial security and support for the beneficiaries of the trust. It is important to choose a trustee who is responsible, trustworthy, and knowledgeable about financial matters and the legal requirements of managing a trust.

The trustee is typically responsible for a range of duties, including:

  1. Managing the assets held in the trust, including investing, and distributing them as appropriate.
  2. Keeping accurate records of all financial transactions and activities related to the trust.
  3. Communicating regularly with the beneficiaries of the trust and providing them with updates on the status of the trust.
  4. Resolving any disputes or legal issues that may arise related to the trust.
  5. Ensuring that the trust is administered in accordance with Maryland law and the terms of the trust agreement.

Designating an individual for each of these fundamental roles is very important when creating your estate and trust plan. This is the core group of individuals who will help ensure you are cared for in the event you are incapacitated as well as continue your legacy after your death. Although selecting the correct person for each critical position may be challenging, the attorneys at Elville and Associates are dedicated to counseling you towards choosing the right individual for each role in case the worst happens.

Shannon F. Werbeck is an Associate Attorney with Elville and Associates and an integral member of the firm’s busy Estate Planning Department. She educates and counsels clients through the entire estate planning process – beginning with the initial consultation, followed by the design and implementation of their plans, as well as the necessary maintenance and updating of their planning as changes occur in the laws and their lives.  Shannon may be reached at shannon@elvilleassociates.com, or by phone at 443-393-7696 x148.

Tangible Personal Property

By: Shannon Goodwin – Senior Associate Attorney

When you think about your estate and what you are going to leave behind for your loved ones, your mind most likely jumps directly to money or real property – your home, investments, retirement assets, vacation homes, life insurance, and so on. These are all important assets to think about when doing your estate planning, but what about those priceless items that hold more sentimental value than monetary value? That old rolling pin used to bake pies with your grandchildren, that broken fishing rod that went on one too many fishing trips, or that tchotchke that triggers a funny memory from that one family vacation fifteen years ago? Even those items that may hold great monetary value, but hold an even greater sentimental value – your engagement ring or that autographed baseball from the game you went to with your dad? These are often the assets that mean the most to your loved ones, regardless of their monetary value. These items are your tangible personal property – your “stuff.”

There are a few different ways to dictate how your tangible personal property is distributed upon your death. A memorandum or schedule is a separate document attached to your will or trust that allows you to list individual items of tangible personal property and assign each item to a specific person. This supplemental document is referenced in the will or trust but may be filled out after the execution of the will/trust. It can be handwritten or typed, but must be signed and dated to be valid. This allows you to update it or make changes as often as you like without having to update or restate your entire will or trust. Not all states allow these supplemental documents, but Maryland is one of the states that does recognize personal property memorandums as valid estate planning documents.

Any items that are not specifically addressed by the personal property memorandum can be collectively referred to and divided equally amongst multiple beneficiaries. This allows the beneficiaries to choose and divide the items amongst themselves. If there are multiple beneficiaries concerned with ensuring the property is divided as equally as possible based on monetary value, then the property can be appraised and divided based upon each item’s individual cash value. An appraisal is a great tool to help avoid any potential fights amongst beneficiaries. However, most appraisers will not appraise insignificant items such as clothing – unless of course we are dealing with expensive furs or an autographed basketball jersey that holds significant monetary value. 

It’s important to keep in mind that inheritance tax does not just apply to cash distributions, but to distributions of tangible personal property as well. Any valuable items of tangible personal property that are bequeathed to an individual not exempt from inheritance tax – such as a niece, nephew, cousin, or friend – will be subject to inheritance tax. The item(s) would first need to be appraised so that the tax could be assessed on its appraisal value at the time of death. Inheritance tax even applies to items of tangible personal property gifted to a non-exempt individual within two years prior to death. 

The next time you revisit your estate planning, be sure to consider those items of tangible personal property stuffed away in your closet or attic – whether it holds monetary value or not, the sentimental value grows with each generation it’s passed to until it eventually becomes a family heirloom.

Shannon K. Goodwin is a Senior Associates with Elville and Associates and the leader of the firm’s busy Estate and Trust Administration Department. Through her guidance, she partners with clients as they address the sometimes complex matters of the administration of loved ones’ estates from start to finish, including helping navigate the probate process, inventory and information reports, accountings, and much more. Shannon may be reached at sgoodwin@elvilleassociates.com, or by phone at 443-393-7696 x116.

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Presented by the Elville Webinar Series and Elville and Associates’ Managing Principal and Lead Attorney Stephen Elville, this webinar will delve into the situations that arise after the death of a client, client’s family member, or loved one and the trust and estate administration that takes place during that time. Helping advisors and family members understand what their roles are in helping clients and loved ones through the legal process, what that legal process is, and how advisors and other planning team members can best work together in support of clients is of paramount importance during this challenging time for all involved.

Learning Objectives:

— unraveling the mystery of what happens after the death of a client or loved one

— minimizing confusion and providing maximum support to clients and loved ones at a time of crisis

— what is the legal step-by-step process that needs to be taken after death?

— what are the practical steps that should be taken after death?

— examining the most significant and potentially problematic legal and tax issues advisors and family members should be aware of in the months following the death of a client or loved one

— how financial advisors, CPAs, and attorneys can best work together in support of clients

More Webinars from Elville and Associates

The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates.  We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.

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Join Elville and Associates as we welcome back guest presenter Eric Jorgensen, founder and consultant with True North Disability Planning which provides a complete timeline overview of what families and the professionals they work with can expect from the original diagnosis until the child survives the parents. Eric will highlight key times when specific planning items such as completing an estate plan, getting life insurance, or applying for SSI should be completed. He will also discuss potentially lesser-known resources such as Low Intensity Support Services and Pre-Employment Transition Services.

Key takeaways include:

– Life insurance, ABLE accounts and Special Needs Trusts are critical tools, but not the plan

– Don’t wait until your child is in the last year of school to think about his or her transition

– You are not applying for benefits for you

— delaying because it doesn’t seem worth the effort could be sabotaging your child

More Webinars from Elville and Associates

The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates.  We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.

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Join Elville and Associates’ Managing Principal and Lead Attorney Stephen Elville as he offers this webinar discussion about the very important topic of how to select a Trustee. Choosing a Trustee is one of the most intensive pieces of the estate planning process, and a choice not to be taken lightly. Ensure you’re educated about all of the factors that go into making this important decision. Points of emphasis will include:

— What is a Trustee and what are their responsibilities?

— Types of Trustees and their characteristics – advantages and disadvantages

— The perfect Trustee – setting the benchmark for selection

— Trustee selection – why is it so important?

— Trustee succession and plan design – why so difficult, why so crucial?

— Trustee roles in Wills and Trusts

— What are some reasons to consider appointing a Corporate Trustee?

— Why should you be concerned about “Successor Trustee risk”?

More Webinars from Elville and Associates

The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates.  We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.

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What does the Hybrid 5-Year Trust have to with estate planning? Quite a lot, depending on the goals of your client. Whether clients desire a method to do pre-need (pre-crisis) elder care planning; asset preservation; gifting to children or grandchildren; preserving tax benefits, giving away assets while maintaining an element of control over them; preserving an inheritance; or protecting gifted assets from the claims of beneficiary creditors, or other related intentions, the hybrid Five-Year Trust could be a tool that allows for the attainment of client goals and intentions all the while avoiding probate.

In this interactive and intensive webinar workshop, Maryland estate planning and elder law attorney Stephen Elville will cover the fundamentals of the Hybrid 5-Year Trust and how it can be used in powerful ways to accomplish client goals and objectives, even at a time of a client’s individual incapacity.

What you will learn:

– What are moderately wealthy to middle-rich clients looking for in estate planning today?

– What are the family dynamics involved in “hybrid” estate planning in 2023?

– What is a Hybrid Five-Year Trust?

– How the types and aspects of asset protection affect clients and relate to their goals in planning

– How the Hybrid Five-Year Trust can empower the right client and help them accomplish their objectives

– Case Examples

– Questions and Answers

 

More Webinars from Elville and Associates

The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates.  We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.

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Elville and Associates welcomes Mr. Carlos Graveran, Executive Director of Frederick Health Hospice, who shares with attendees everything to know about hospice, including the many benefits and support options hospice offers that are unknown to most people. From different levels of care, to music therapy and Veteran’s programs – these are just a few of the myriad ways hospice can provide support and guidance to individuals and families when they need it most.

Key takeaways include:

• Hospice is nothing to fear.

• Learn the facts before you need the care.

• Hospice care is for the entire family, not just the patient.

• Advocate for yourself. End-of-life decisions should be made by you, not your doctor.

More Webinars from Elville and Associates

The education of clients and their families through counseling and superior legal-technical knowledge is the mission of Elville and Associates.  We hold multiple educational events every month. Click to view our calendar of educational webinars and events or visit the Elville and Associates YouTube channel to view recordings of our past webinars.

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Pour over will in an estate plan

In creating an estate plan, you are proactively taking steps to ensure that your assets will be distributed according to your wishes in the wake of your death.

One tool available to you in estate planning is known as a trust. There are numerous kinds of trusts. If you wish to maintain control, during your lifetime, over the assets you place in a trust, you may choose to establish a revocable, or “living” trust – most likely, along with a pour over will in your estate plan.

First, What Is a Living Trust?

A living trust is a strategy in estate planning. When you create a living trust, you set certain assets aside within it. This might include things like a vacation home, a bank account, or an art collection.

With a living trust, you have the flexibility to modify or dissolve it at any point in your life.

How Do Living Trusts Work?

When you place assets into this type of trust, you continue to have access to those assets. You can select a designated individual, called a trustee, who would serve as the manager of your living trust should you pass away or ever become unable to manage your affairs.

For example, you may become incapable of handling your property, finances, and other aspects of your life if you fall ill, suffer from dementia, or endure an injury or accident that renders you unable to communicate. Should you die or become incapacitated, the trustee you have chosen manages the living trust on your behalf, following any terms you have outlined in the trust document.

Assets in your living trust are distributed to your beneficiaries, according to your wishes – typically without having to go through probate. This is often seen as one of the main advantages of a living trust.

For one, depending on your state and the size of your estate, the probate process can last several months to a year or more.

Avoiding probate also means that information about the distribution of your assets to your loved ones is kept private. This could be helpful if you have people in your life from whom you would prefer to shield the details of your estate, such as children from a previous marriage or estranged or combative family members.

However, perhaps you acquired new assets, such as an investment property, a bank account, a car, or valuable furniture or jewelry, after setting up your living trust. You may not have transferred them just yet. This is where establishing what is known as a pour over will can be an important piece of your estate plan.

What Is a Pour Over Will in an Estate Plan?

A pour over will is a type of estate planning document. It works in concert with a living trust and goes into effect if you become incapacitated or pass away. In such a scenario, this document ensures that any assets you had not transferred to your existing living trust are directed (or “poured over”) to it.

A pour over will in an estate plan ensures that your assets are ultimately passed on to your beneficiaries as you intended. In addition, information about the distribution of any of your remaining assets, once moved to your living trust, will be kept confidential as part of the trust.

Note that laws can depend on the state, so it is important to consult with an experienced estate planning attorney at Elville and Associates when setting up any estate planning documents.

Do Pour Over Wills in an Estate Plan Mean You Avoid Probate?

Not necessarily.  While the property controlled by a pour over will in an estate plan eventually goes to your living trust after your death, that does not mean your family avoids probate. Before your assets are owned by the trust, they may first need to pass through the probate process. The regulations can also vary according to the state; in some states, for example, if your probate property is valued below a specific threshold, it is possible it could pass through probate more quickly.

If you want to avoid the probate process, you must ensure that your living trust has all of the assets in it that you wish to pass on to your beneficiaries. Essentially, a pour over will acts as a kind of backup.

Seek the Advice of an Attorney at Elville and Associates

Note that laws governing trusts and estates can be complex. Living trusts and pour over wills are also not suitable for everyone’s situation. It is important to consult with a qualified estate planning attorney when setting up any estate planning documents.

Knowing where to start to create an estate plan can be intimidating, but help is available and there is nothing to fear. Consider a free consultation with the experienced estate planning attorneys at Elville and Associates to get the process started.  Consultations are the most ideal and best way to get your specific questions answered, have your attorney fully understand your situation, and help create solutions and a path forward for you.  Contact us today to get started.

#elvilleeducation

Does a Power of Attorney End at Death?

power of attorney is a powerful planning document that enables you (the “principal”) to give another person (the “agent” or “attorney-in-fact”) the power to act for you while you are alive.

Because it is often prepared in the context of estate planning, many believe it gives their agents the power to continue acting after their death.

Although every state’s laws and forms vary, most power of attorney forms specify that the agency relationship created by a power of attorney ends upon a person’s death.

What Does a Power of Attorney Do?

A power of attorney (POA) can convey a significant range of power to the person you appoint. This includes the ability to do the following on your behalf:

  • Enter into real estate transactions;
  • Enter into leases and purchase personal property;
  • Buy bonds or other securities;
  • Engage in banking transactions;
  • Engage in business operating transactions;
  • Handle insurance transactions;
  • Engage in estate transactions;
  • Make decisions concerning any claims you have or in which you may be involved;
  • Make gifts or charitable donations;
  • Manage any benefits you receive or are entitled to;
  • Manage the financial aspects of your health care;
  • Manage your retirement accounts;
  • Handle your tax matters;
  • Delegate any of the above responsibilities to a third party

Power of Attorney Forms

Most POA forms allow you to choose how specific or broad you would like the powers you give to be so that you can tailor a power of attorney to suit your needs. An agent can also update a power of attorney over time as a principal’s needs change.

In many states, these powers, once delegated, remain in place even in the event of your incapacity. People frequently execute a power of attorney for this reason. They do not want to worry about what may happen should they become incapacitated or whether a loved one will have the ability to handle their affairs if they are no longer able to do so.

Does a Power of Attorney End at Death?

That being said, a power of attorney does end at death. So, if you have entrusted a particular person with carrying out certain functions on your behalf while you were alive, those abilities cease when you pass away.

If you wish for the same person to continue handling your affairs after you die, you would need to specify they serve as the executor or personal representative of your will or trustee of your trust.

If you are concerned about maintaining continuity or making sure a particular person oversees your affairs upon your passing, be sure speak with an estate planning attorney at Elville and Associates. Every person’s situation and needs.  Knowing where to start to create a customized estate plan – which includes powers of attorney documents – can be intimidating, but help is available and there is nothing to fear. Consider a free consultation with the experienced estate planning attorneys at Elville and Associates to get the process started.  Consultations are the most ideal and best way to get your specific questions answered, have your attorney fully understand your situation, and help create solutions and a path forward for you.  Contact us today to get started.

Estate planning

In the wake of the pandemic, rising inflation, mass shooting tragedies, and other events, more people recognize that they need to plan for the future. Yet while financial planning has been at the top of many Americans’ minds, a vast majority of people have stalled in creating an estate plan.

According to a new study completed by Caring.com, a mere one in three people has an estate plan in place. Worse yet, more than 40 percent of those without a will report that they wouldn’t create an estate plan until they had encountered a serious health concern.

Why Is It Important to Make an Estate Plan Sooner Rather Than Later?

It is simply dangerous to wait until you have a health issue before you create an estate plan. Without one, you could potentially lose control over your money, property, health care, and, in some circumstances, the guardianship of your children. In addition, your loved ones may not receive the assets, property, or sentimentally valuable items you would have wanted to pass down to them after your death.

Depending on what health condition or acute injury may unexpectedly befall you, you may be unable to speak, understand others, or advocate for yourself. Part of the purpose of advance planning documents, such as a health care directive, is to maintain your bodily autonomy and express your wishes when you cannot.

Bottom line: The reason to create an estate plan is to put protections in place not only for you, but also for your loved ones.

Barriers to Advance Planning

Despite understanding the need for estate planning, with 64 percent of people saying they believe it is important, most have not made it a priority. In the 2023 study, Americans reported procrastinating to create an estate plan for the following reasons:

  • 35 percent do not believe they have enough money or assets to leave behind
  • 14 percent said that inflation’s negative effect on their assets has made estate or financial planning less of a priority for them
  • 15 percent reported that they did not know enough about estate planning, so they felt too intimidated to start
  • 42 percent stated they want to begin estate planning, but simply have not gotten around to it

When Should You Create an Estate Plan?

Every American adult should create an estate plan, and it is virtually never too early to go about setting one up.

In fact, once a child turns 18 and legally becomes an adult, they are entitled to make their own decisions regarding their medical care, finances, and education. In gaining legal authority over those parts of their lives, they should consider setting up an estate plan.

For high school graduates, the months prior to moving away to college can be an ideal time to look into getting these kinds of documents in order. At first glance, this may seem overboard to some; however, nothing could be further from the truth.  Keep in mind the wide diversity of family structures.

For example, perhaps a young person would want their property to go to a younger sibling, rather than a stepparent. Similarly, an individual might want the grandparent who raised them, not a parent, to assume decisions over their medical care in the event of an accident.

In the Caring.com survey, 69 percent of the study respondents said they believe that people should create an estate plan before they reach age 55. Despite that, less than half of Americans 55 and older have at least one estate planning document.

Many Americans Will Wait to Make an Estate Plan Until It’s Too Late

Many Americans are at risk of waiting until their health is compromised to seek estate planning advice or draft any documents. According to the study’s findings:

  • 41 percent of respondents said they would not worry about creating a will unless they received a medical diagnosis or had a health scare
  • 21 percent would wait until retirement age
  • 22 percent said they would not create an estate plan unless they bought a home
  • 20 percent want to wait until they are married or have children
  • 14 percent would create an estate plan if their employer offered the benefit

Although each of the above reasons may seem valid, it is important to be prepared before any of these life events occur. Otherwise, it may be too late to act and create an estate plan.

What Are Some of the Key Estate Planning Documents?

Among the most important documents you may consider securing include:

  • a will, through which you can specify who will receive your property and who will become guardians of your minor children after your death
  • an advance directive, in which you name a person who will carry out your wishes regarding your medical care if you are incapacitated
  • a power of attorney, which gives you the ability to name someone you trust to act on your behalf in certain situations if you are unable to do so

Additional Resources

Knowing where to start to create an estate plan can be intimidating, but help is available and there is nothing to fear. Consider a free consultation with the experienced estate planning attorneys at Elville and Associates to get the process started.  Consultations are the most ideal and best way to get your specific questions answered, have your attorney fully understand your situation, and help create solutions and a path forward for you.  Contact us today to get started.

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