Estate Planning, Elder Law, Probate
Estate Planning
Who makes decisions about bank accounts and family cars or accumulated wealth, health care, and financial matters when you can not? Estate planning answers all of those questions now, while you have the ability to thoughtfully make decisions for yourself. Estate planning is not just for the elderly or end of a long life. It includes planning for minor children should you unexpectedly pass away or become temporarily incapacitated. Secure your family’s future with personalized estate planning services, tailored to your unique needs.
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
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 process, the court determines the validity of the will and thus how the goods should be distributed. Probate is described in the Probate 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.
Probate is a public record. Not everything in your estate must pass 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, can set up to make decisions should you become incapacitated and can even be created to determine when someone else will make decisions for you.
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
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: Intestate and Testate
Intestate When there is no will, the distribution is called “Intestate”. If you do not follow all the rules to create a will, the state may determine your will to be invalid. If you do not have a will or if your will is determined to be invalid, the State Legislature has determined how your property will be distributed. It may not be the same as your wishes.
“Testate”, means with a valid will. First the court will determine if the will was created with all the steps necessary to be valid. Then the probate court directs a personal representative to follow the directions of the will and complete legal requirements to close your estate. There are legal procedures that must be followed to notify creditors, heirs and debtors. The probate process can take some time. 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.
ln Indiana, Indiana Legal Help (ILH) was created in 2018 and is a program of the Indiana Bar Foundation. The Indiana Bar Foundation’s mission is to inspire and lead change to improve civic education and legal assistance for all Hoosiers. Click Indiana Legal Help for assistance.
I can ease the burden, and confusion of probate. Together we will 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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