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Estate Planning
Our firm assists clients with a variety of estate planning needs.
We welcome clients with estates and needs
of all sizes.
Having a will is the only way to determine what you want done with your property after you are
gone. Without a will, the Intestate Succession Statute decides for you.
Many clients with modest size estates need basic estate planning services. It is important for
these clients to receive the estate planning services they really need, without unnecessary complexity
or expense. For example, parents with growing children need wills, even if their estates are small, so
that they can nominate a guardian to raise their children in their absence and a trustee to manage any
inheritance the children receive. Without a will, the court makes these decisions.
Married couples have special estate planning needs. Including a renunciation trust in a will (at no
additional cost) assures that the surviving spouse has a tax-saving option available if it is needed.
Wills should coordinate with other non-probate assets, like life insurance and
retirement plan death benefits, so that your overall plan is consistent.
Powers of attorney allow someone you choose to handle your financial and business affairs, in the event
you are unable to handle them yourself. They are an important part of estate planning because they
avoid the expensive alternative of a guardianship proceeding in court.
Living Wills and Health Care Powers of Attorney:
For persons having a strong preference not to have artificial means of life support administered, living
wills provide mandatory instructions accordingly. Health care powers of attorney appoint someone to make
medical decisions for you, in the event you are unable to make those decisions yourself. These tools are
important, to prevent having to obtain court orders to discontinue undesired treatment.
Trusts allow a beneficiary -- typically minors, young adults, or disabled adults of any age – to have the
financial benefit of property without having legal title to it. Legal title is held for the beneficiary’s
benefit by a trustee, who manages the assets and disburses money for the beneficiary’s use or benefit. Trusts
can be included in wills for minor, young adult or disabled beneficiaries. A simple trust in a will is
essential when minor children may inherit, since the law does not allow minors to own property in their own
name. Trusts can be established and funded during one’s lifetime to accomplish other planning goals.
Our firm’s objective is to answer your estate planning questions and help you make and implement decisions
you are comfortable with. We don’t believe that estate planning should be intimidating or unnecessarily
expensive. Many clients’ needs are met with moderate expense. We do believe estate planning should be kept
as simple and as straightforward as possible.
When a family member has passed away, it is usually necessary to administer that person’s estate. That
process is also called “probate.” We help many clients with the estate administration process. Our goal
is to make the process as easy for you as we are able. We will do as much or as little of the administration
work as you would like. Some clients are pleased to be relieved of the burden of administering the estate, and
want us to handle every detail, which we will gladly do. On the other hand, some clients prefer to have us only
prepare the legal documents, with them doing the remainder of the activities such as paying estate bills and
handling personal property. We are willing to work with clients on that basis as well.
While there is no need to “fear” probate, as is sometimes thought, it is a process with its own rules, procedures
and deadlines. It is easier to get through that process with a lawyer who knows those rules, procedures and deadlines
well. For example, unless one is a lawyer, one wouldn’t likely know that the estate can shorten ordinary statutes of
limitation for creditors by properly giving notice of the opening of the estate. As another example, few persons who
aren’t lawyers would know the time deadline to deny a claim the executor believes the estate does not justly owe.
Executors and administrators owe what is called a “fiduciary duty” to the estate beneficiaries.
A lawyer’s assistance can reassure the executor, administrator and beneficiaries that the duty is being met. This can
help avoid misunderstandings and disagreements among family members.
Our firm is ready to assist you on estate administration matters.
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