Estate Planning

An estate plan helps ensure that your wishes are followed in the event of your incapacity or death. It also helps to minimize potential disputes, taxes, and delays, and can provide peace of mind knowing that your loved ones are taken care of.

If you pass away without an estate plan, your assets will be distributed according to your state’s intestacy laws. Intestacy laws are the legal guidelines that determine how your property and assets are divided when you pass away without a will or trust. This may result in your estate being divided in a way that does not align with your wishes. If you pass away with no estate planning strategies in place, your family will have to go through the probate court process to access your assets and to administer your estate.

Proceedings with a probate court take place after someone dies to validate their will, settle debts, and distribute their assets according to the terms of the will or state law if no will exists. The probate process is often time-consuming, costly, and public. The process can take several months to complete, and in some cases, even years, while also incurring legal fees, court costs, and other expenses that reduce the value of the estate.

Probate can be avoided through proper estate planning, such as creating a revocable living trust, which allows assets to pass directly to beneficiaries without court involvement. Additionally, naming beneficiaries on life insurance policies, retirement accounts, and other assets can also help bypass probate. Working with an estate planning attorney can ensure that your estate is structured to avoid probate and streamline the distribution process.

Yes, you can modify your estate plan. Wills, revocable living trusts, and other documents can be updated or revoked to reflect changes in your wishes or circumstances. Regularly reviewing and making updates to your estate plan ensures that it remains aligned with your wishes as your life evolves.

A will is a legal document that outlines how your assets will be distributed after you die. It goes into effect only after your death and typically goes through the probate process.

A trust can be used to manage and distribute your assets during your lifetime and after your death. A trust can help avoid probate, provide privacy, and be more flexible than a will in terms of asset distribution.

Having a trust in place if you have minor children ensures that their inheritance is managed and distributed according to your wishes. A trust allows you to designate a trustee who will manage the assets until your children are old enough to handle them responsibly. It also allows you to specify how the funds should be used, such as for education or healthcare. Additionally, by placing assets in a trust, your estate can bypass the probate process, which provides a smoother, quicker transition for your children’s financial security, avoiding delays and court involvement.