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Debbie Ferguson Debbie Ferguson

Do You Need A Will?

When it comes to the topic of estate planning, most people have one question: do I need a Will? No one likes thinking or talking about death and dying, but your estate planning documents are some of the most important legal documents you will ever need, and you shouldn't wait to create one. Your Last Will & Testament not only outlines your wishes for the distribution of your property and assets, but it also details your wishes regarding the care of any minor children you may have, your wishes for your health care should you become unable to voice those decisions yourself, and even what happens to your pets after you pass away.

Many people think that Wills are just for wealthy people and that regular folks don't need a Will, but, in actuality, every person over the age of 18 needs a Will, regardless of how much wealth they have. If you have questions about your estate planning, or would like to get your Last Will & Testament created at no additional fee, our Legal Protection Subscription Plans may be right for you. Learn more about all the benefits of becoming a member, get details about getting your free Last Will & Testament when you become a member, and read on for more information about Wills and Estate Planning and why you should consider them now.

Creating a Will as soon as possible, regardless of your finances or age, ensures that your children, pets, property, money, and other assets are cared for in the manner you wish for them. If you pass away without a Will, your estate is considered "intestate," which means that the courts in your state will decide how your assets, property, and money is divided up without your input. If you have no heirs, your assets and property could go to the state. If you have children, the courts will decide how they are cared for; the same goes for pets. Having a Will means that you get to choose how your children will be cared for, who will care for your pets, and how your property and assets are distributed when the time comes.

Consider drafting a Living Will or Advanced Directive at the same time so that your wishes for your health care are known if you should become incapacitated or otherwise can't voice those decisions to health care providers.

A Will also minimizes family conflicts and alleviates stress at a difficult time. Your Will makes certain that your wishes are carried out legally and are enforceable in the state where you live.

Besides that fact that many people don't like thinking about passing away, people also avoid taking action when it comes to estate planning because they fear it will be difficult or confusing. Members of our Legal Protection Plans get a Last Will & Testament drafted by experienced, dedicated estate planning lawyers in our network of law firms across the country at no additional fee, making sure that their estate planning documents are complete, accurate, and most importantly, legally enforceable in your state's courts. Getting your estate planning documents created by our attorneys can happen in as little as five business days and all you need to do is answer a few simple questions about your estate, property, assets, and beneficiaries. You can even do this in the app and your attorney will contact you in a day or so for more details if needed. You can update your Will whenever your situation changes, too, as long as you're a member. Learn more about our Legal protection Subscription Plans for Individuals & Families, or sign up today!

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Debbie Ferguson Debbie Ferguson

Have An Attorney Draft Your Will For Free

The overwhelming and complicated nature of wills is why a majority of Americans don't have a will, among the most important legal documents in the average American's lifetime. In face, most Americans fail to make out a will before passing away.

Making a will can seem like a daunting task, but passing away without a will leaves you and your family without any control of where assets go or who will care for your children, leaving those decisions solely up to the court system.

The good news is, our Individuals and Families Legal Subscription Plan comes complete with estate planning at no additional charge. That's right: sign up for an Individuals & Families Legal Subscription Plan and you will be able to have your will created by experienced estate planning attorneys at no additional cost to you.

Having an attorney walk you through creating your will and other estate planning will help make sure that your will is complete, accurate, enforceable, and legal in your state. Your attorney will be able to help you make decisions you know need to be made and probably help you address issues you hadn't thought of yet.

Some issues to consider while drafting your will with your attorney:

  • Who will receive your assets? Your house, money, cars, and other belongings?

  • Who will be the Executor or Representative for your will? This person will need to know where your estate documents - including your will - are located in the event of your passing, and will make sure that your wishes are carried out, so this needs to be someone you trust.

  • If you have minor children, who will be the appointed guardian?

Without a will, the courts of your state will decide who will be the guardian of your minor children, so this is definitely one of the most important aspects of your will. Your will needs to be as specific as possible when it comes to scenarios that can happen over time, such as, what happens if your chosen guardians get divorced, pass away, move to another state, etc?

Make sure that the names of anyone in your will and their relationships to you are spelled out in your will. Be specific with names: instead of saying "my wife" or "my husband," use their full legal names and double check the spelling.

Finally, making sure that your will is enforceable means that it must meet the legal requirements for a will in your state. Each state has its own laws that govern the requirements that wills must meet. Knowing what those requirements are and how to meet them is much easier with the help of an experienced estate planning attorney.

As a member of our legal subscription plans, starting your will is easy.

From the app, tap the "Start Will or Other Document" tile and fill out the short questionnaire about your marital status, your assets, and final wishes. When you are finished, tap "Submit to Provider" and the answers will be sent to your provider attorney to start drafting your will. Your attorney will call you and review your answers and ask any additional questions to complete your will. Within two weeks, you will receive your finished will. From there, make sure to follow your attorney's instructions to have your will properly executed. And, if you ever have further questions or need assistance, your attorney is only a phone call away.

Don't wait until it's too late to have these important documents finalized. Sign up today to get your free will drafted by experienced lawyers today! With our legal subscription plan, you will be able to have a lawyer assist you with your estate planning or any other personal legal matter for just one low, monthly fee.

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Charity Luthy Charity Luthy

Can A Will Be Changed With A Power of Attorney?

An older couple sits on a concrete bench looking at a statue with a cloudy sky in the background.
An older couple sits on a concrete bench looking at a statue with a cloudy sky in the background.

A Power of Attorney is an important legal document that allows someone of your choosing to make decisions on your behalf if you should ever become unable to do so yourself. The type of decisions can be financial, health care related, regarding your business affairs, and more. But could someone with power of Attorney change your will? If you need legal advice regarding your estate planning or wish to have your estate planning documents - including power of attorney, living will, last will and testament, or a trust - created for you, members of our Legal Protection Subscription Plans for Individuals & Families can get these important documents created at no additional fee. Learn more about this benefit and read on for a brief overview of Power of Attorney.

When you are creating your estate planning documents, you have the option of creating a Power of Attorney. This is a document that gives someone you choose the authority to make decisions for you if you should become incapacitated or otherwise unable to make those decisions yourself. The person you choose is known as your "agent" or "attorney-in-fact," and you can give this person as much or as little power as you choose. You can give them authority over just your finances or just medical decisions, or both.

A Power of Attorney can be either "durable" or "non-durable," and the difference comes down to when your agent has power of attorney. A durable POA stays in effect if you become incapacitated while a non-durable POA is only valid while you're competent. A "Springing" power of attorney only becomes valid upon your inability to make decisions for yourself, for example, if you are incapacitated or gravely ill.

Your will is a very important document, as it makes your wishes known before you are sick or pass away, and directs what happens to your assets after you die. A Living Will - also called an Advanced Directive - allows you to make decisions about your end-of-life care in advance, in case you are unable to do so later.

You need a will created to take care of family, children, loved ones, pets, and assets when you pass away, and a Power of Attorney is an important position that gives someone power to make decisions for you while you are still alive, whereas a will only becomes valid after you die.

One question people often have is whether or not a person with power of Attorney can make changes to a will, and the short answer is no. However, a person with Power of Attorney can still affect an Estate plan, in that someone with financial Power of Attorney will have the ability to make financial decisions, such as managing bank accounts, paying bills, managing investments, and attending to debts.

Importantly, Power of Attorney is revocable, which means that you can cancel or change it at any time, and you should consider updating your Power of Attorney on a regular basis so that it reflects your current wishes and/or circumstances. Examples might be if your marital status changes or the person you've appointed as your agent passes away or moves far away.

Getting advice from an experienced, qualified estate planning attorney is always a great idea when you're thinking about any Power of Attorney, as you will be better able to understand the law, protect your rights, and make sure that all your documents are in order. An estate planning attorney can help you with any questions you might have about your Power of Attorney as well as help you prepare and create your comprehensive estate plan that will address your unique situation and goals. Learn more about getting your will completed at no additional charge when you're a member of our Legal Protection Subscription Plans, or sign up today!

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Debbie Ferguson Debbie Ferguson

The Rights of Trust Beneficiaries

An elderly couple in an outdoor setting  each holds a small child on their laps.
An elderly couple in an outdoor setting each holding a small child on their laps.

The beneficiary of a Trust has important rights and responsibilities that the Trust  should spell out clearly. If you are the beneficiary of a Trust, you should understand completely what the process is in estate planning. Many beneficiaries of Trusts feel as if they are beholden to the whims of a Trustee or executor, but the type of Trust  makes a difference as to what you may be entitled to and what your rights are. With your membership in our Legal Protection Plans for Individuals & Families, you can get advice from estate planning attorneys when you are the beneficiary of a Trust, and you can also prepare your own estate planning documents at no additional charge. Learn more about this benefit and read on for a brief overview of a few of your rights as a beneficiary.

Beneficiaries Get A Copy of the Trust or Will

Current and remainder beneficiaries have a right to receive a copy of the Trust. This document gives you information about the Trust and how it is managed and administered so that you can enforce your rights. Information generally included in a Trust includes information about assets held in the Trustee's name, contact information for all parties named in the Trust, bank account information, and Real Estate information. Familiarize yourself with the terms and details of the Trust so you know how much you should receive and when those payments are to be made.

How and When Distributions Are Made

Knowing how to claim your inheritance is important, and you are entitled to timely payment distributions as outlined in the Trust. It is also to be aware of any tax obligations that may arise from your Trust payments.

You Have A Right To An Accounting

An accounting of a Trust is a detailed report containing information regarding liabilities, distributions, income, and expenses of the trust in a certain period of time. The terms of your Trust may vary, but a yearly accounting is typical. Current beneficiaries can also request a special report containing information such as receipts, disbursements, income, bank statements, liabilities, and assets. The yearly report will contain similar information.

You Can Petition The Court To Remove A Trustee

Current beneficiaries of a Trust can ask the court to remove a Trustee if it is believed that the Trustee is not acting in the best interests of the beneficiaries. Some situations - especially involving minor children or conservatorships, when a guardian is involved - can cause disagreements and you may want legal representation in these cases.

Our network of experienced, dedicated estate planning attorneys are always available to answer your questions and give advice regarding Trusts, Wills, and other estate planning documents, and you can get your estate planning documents prepared at no additional cost when you're a member of our Legal Protection Subscription Plans for Individuals & Families. Learn more about our Legal Protection Plans, the estate planning benefits, or sign up today!

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