Wills Trust and Probate Law

The area of Estate Planning encompasses matters such as wills, medical care, probate and trusts. Though most people prefer not to discuss or think about such matters, it is very important to think of your loved ones if you are to fall ill or pass away.

One of the best ways to insure that your wishes are carried out is to have an attorney assist you in drawing up various documents, such as a will, statutory power of attorney, medical power of attorney, patient medical authorization and directive to physicians.

These documents are essential to provide some of the best legal insurance that your loved ones are not left to make difficult decisions. Without a will, probating your estate can be very costly, as often, the law of intestacy decides who gets your estate, and a probate judge may have to hear and decide every action taken regarding the estate. The Powers of Attorney let your trusted loved ones or friends make decisions for you when you are unable to do so. The Medical Authorization allows them to discuss your treatment with medical providers.

A will is an instrument designed to clearly detail your wishes for when you pass away.  Matters such as allocation of assets and property, custody of children and establishment of trusts can be detailed in a will.

Some people think that they don’t need a will if they don’t have a lot of money and/or if they don’t have children.  Regardless of the amount of property and assets that you own, your loved ones will still need to know your wishes as to how these things are to be liquidated or distributed at the time of your death.

If you have minor children, then a will is essential, as it is your responsibility to ensure that they are properly cared for if you were to pass away before they turn eighteen years old, by appointing a guardian and establishing a trust for them.

When life changes happen (i.e. birth of children, acquisition of assets and property, etc.), then it is advisable to consult with an attorney to review and modify your existing will, as it is advisable to have a will that will properly address all of these changes.  It is also a good idea to do a review of your will every five years, so as to insure that it reflects your current wishes and any changes in the law.

Many people think that matters related to medical care are only important for when you become elderly.  Unfortunately, there are incidents of accidents, illness and impairment that are not relegated to any specific age.  Therefore, at any age, it is important that you clearly articulate what your wishes are if you were to suffer a mental of physical incapacitation that prevents you from being able to express your wishes.

A statutory power of attorney, medical power of attorney patient medical authorization and directive to physician and family or surrogates collectively address these types of unforeseen circumstances.  There are few more trying times for a family, that when a loved one can no longer care for themselves.  It is a kind and loving thing to not leave these difficult decisions to your family, as it is already a very difficult and emotional situation for them.

When a loved one passes away, dealing with the loss is very emotional experience.  Often, loved ones are upset by the thought of addressing the estate of the individual who just passed.  If that individual had a valid will, the process can be handled in a much less stressful manner.  An attorney can assist you in guiding you through the probate process and insure that it is handled properly.  This also alleviates a certain amount of the stress experienced by a loved one during an already difficult time.

Ron Grant has decades of experience assisting loved ones through this difficult time.  Ron helps ease the pain.