Estate Planning, Elder Law, Probate
Estate Planning
What happens to your estate when you pass on is determined by a legal process and just like death and taxes, it cannot be avoided, but there are ways to lessen the impact on those left behind. Meeting with an attorney who specializes in estate planning is the key to all the considerations, from elder law tasks, like planning for expensive long term care, your medical care and end of life decisions. Planning may help avoid the need for guardianship. Planning can start at any age to protect your family and your assets. I can continue to work with you and modify your plans as your life changes.
Estate planning is a bundle of documents that help ensure your wishes. Below are descriptions of some of the services I can provide.
Will Preparation
When a person passes on they can use a will to tell their loved ones how they want goods like property, or stocks, or precious jewels or other family heirlooms, distributed. The property is called the Estate.
A Will is the legal document that enforces how your estate is distributed. Once a person dies, the Will is taken to a Probate Court for the legal process called Probate. During this probate process, the court will determine if the Will is valid and how the goods should be distributed. Probate is described in the Probate Assistance section below.
I can ensure the Will is properly prepared so your will can be enforced. What happens if the court determines that a will has not been properly prepared? The state of Indiana has prepared for that, if your Will is invalid, the state has a list of who gets what, and your invalid Will is ignored. Prepare for the future with my expert Will preparation services. I am your guide through the process, ensuring your wishes are clearly outlined and legally sound. Gain peace of mind knowing your wishes will be enforced.
Not everything in your estate passes through probate. What is not part of the probate estate can be discussed in our meeting.
Durable Power of Attorney and Advanced Directives
While you are still capable of making medical and financial decisions, a Durable Power of Attorney and Advanced Directives can be created. These documents would apply at any age. They are used, even if you are young and get into an accident that interferes with your ability to make your own health care decisions. A durable power of attorney (DPA) gives a trusted person the right to act for you while you are alive when you are unable to make financial and other decisions for your self. This person knows you and your desires and is willing to work with your financial providers to enforce your choices. Advanced Directives provide your loved ones and your health care providers with information about how you want to be medically treated if you are unable to make the decisions yourself.
Trusts
Trusts are an estate planning documents that, done correctly, may avoid probate. Trusts can be used to plan to prevent assignment of a state guardian and help in securing state and federal funding for long term care or to protect a spouse still living in the home when the other spouse seeks long term skilled nursing.
There are pros and cons to choosing a trusts and in some cases a will is all that is needed. The state is very specific about how a trust must be set up. I can help you make those determinations and ensure your trust is valid.
Elder Law
Navigating the constantly changing support systems for those with special needs, including those in the retirement age range, created the need for Elder Law. These services expand on the typical estate planning. Services include planning for the costs of long-term care; private, state and federal benefits entitlement programs including Medicaid and Medicare; guardianships and special needs planning; and other legal issues that affect the elderly and disabled.
l can help navigate the complexities of elder law with my training and experience. From Medicaid planning to long-term care issues, we provide compassionate support and effective solutions for you and your family.
Probate Assistance
Probate is the process that the State uses to ensure property is passed on after a person dies. There are two general categories for Probate: The first is for distribution of property when there is no Will. This is called Intestate distribution. The second is if there is a Will. Either way if your estate assets are more than $100,000.00 in Indiana, to be distributed, they will have to go through the Probate Court.
If you do not have a Will or if you Will is determined to be invalid, valid Will, the State Legislature has determined how your property will be distributed. For example if you are married with children, your spouse will get 50% and your children will share 50% of your estate. It gets much more complicated, depending on who is left behind.
If you do not want your assets distributed the way the State does, you will need to leave instructions. There are several ways to do that, a Will is probably the most direct.
The court reviews the will to determine if it is valid. There are legal procedures that must be followed to notify creditors, heirs and debtors. The probate process can take some time.
Ease the burden of probate with my expert assistance. I will help you map out the timing and guide you through the process with care and efficiency, helping to settle the estate and distribute assets according to the wishes of your loved one.
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