Estate Planning

 

Planning your estate can be costly or confusing, or both. Our legal subscription plans gives you access to experienced, dedicated attorneys at an affordable price, so you can get advice and consultation that includes having your firm draft your Last Will and Testament, Living Will, and Power of Attorney at no additional cost. With coverage for you, your spouse, and your dependent children, our individual and family plans start at just $29.95 per month, making getting assistance from an attorney affordable at last.

It's common to be quoted as much as $1,500 for attorney drafted wills and related estate planning documents, which isn't always in your family budget. An estate plan is a vital legal document to have prepared; more than a third of Americans report experiencing family conflict from not having an estate plan.

Here's just a few ways our experienced network of attorneys can help you prepare your estate planning documents:

LAST WILL & TESTAMENT
A Last Will & Testament is a legal document that states who is to receive your property after death, who administers your estate, and who serves as your children's guardian, if needed, as well as other provisions. Communicating your wishes to loved ones and giving them guidance for your last wishes or difficult decisions is important, and it's even more imperative that it is done right. Without a will, guardianship of your children or pets and the distribution of your property may be left to the courts.

It's an unfortunate reality that more than a third of Americans report family conflicts arising from a family member passing away without a will. A well-drafted will ensures that your loved ones are taken care of according to your wishes, alleviating at least some stress during a difficult time. Each state has its own laws regarding wills, so it's important to consult with someone who knows the laws in your state so that your last wishes are communicated clearly and can be easily enforced.

Making a will on your own can be costly, time consuming, and even overwhelming. Without help from a lawyer, you may not have the peace of mind knowing that your wishes will be communicated to your family or that a court will honor your wishes. While finding an attorney on your own could cost as much as $1,500, our legal subscription plan includes a will drafted by your provider attorney at no additional cost to you. Our attorneys take their responsibility of preparing your estate documents seriously, making sure that they are as organized as possible.

LIVING WILL
Also known as an Advanced Directive, living wills are legal documents that allow you to make your wishes known to loved ones and medical professionals regarding end of life care and decisions in advance, in the event that you become unable to do so yourself.

Living Wills lay out the kind of treatment you wish to receive should you become incapacitated and unable to make decisions on your own. Without this important document, these decisions will be left to your loved ones. A Living Will eliminates these uncertainties when emotions are naturally high and family members may have differing opinions on the proper course of action. Making a plan beforehand alleviates this kind of decision-making at a stressful time, giving you peace of mind for the future. Because state laws vary regarding these essential documents, it is very important that you seek advice from an experienced attorney regarding the preparation of these documents. A Living Will helps ensure that your healthcare decisions are carried out and provide concrete directions in a medical emergency.

PROBATE
Passing away without a will means that your property and assets will have to go through the process of probate before being distributed to your family by the courts. This can means years of delays as well as taxes and fees. This can even happen if your will wasn't drafted properly or is out of date. You can avoid a lengthy probate by taking advantage of the free benefit of having a lawyer draft your will that comes with your individual membership to our legal subscription plans that start at just $29.95 per month.

Having a will doesn't avoid probate altogether, but a well-drafted will speeds the process along. If you pass away without a will, most, if not all, of your assets will have to go through the probate process before being distributed to your family. Even if you have a will, if it is not properly drafted and paired with other estate planning essentials, your family may have to spend a large amount of time and money that could otherwise be avoided.

Using clear, unambiguous language and adhering to the letter of the law in your state is crucial. Due to varying laws in each state, an attorney-prepared will ensures that the process is done correctly, saving your family time and money in a difficult time.

TRUSTS
There are many reasons you may want to set up a trust: estate tax issues, making the probate process quicker and easier, and addresses certain family situations. Making sure that your assets are properly transferred to a trust can mean that your good intentions were in vain.

Testamentary Trusts are created after your death, according to the terms of your will. The assets to fund a testamentary trust usually goes through probate. An example of a testamentary trust is one created by a parent to leave assets to a child. The testamentary trust is administered by a trustee until the child reaches a specified age when the assets are transferred to the child. Creating a trust for minor children allows you to set the rules for use of your assets, including using the funds for your child's health care, education, and more, including stipulating that certain funds only be used to pay for college, as an example.

Depending on your situation, one of our network attorneys can tailor a trust to meet your specific needs, and, because each state has different laws governing trusts, it's important to consult with an attorney to discuss your options and for assistance.

Additionally, there are different kinds of trusts: Living Trusts, Testamentary Trusts, and Revocable Trusts. Each type of trust provides different benefits, including managing estate taxes, designating heirs, planning for care of children with special needs, providing for the care of minor children, or to give your estate to a charity.

Probate can take as long as two years to resolve through the court system, and on average, cost Americans $12,000. Transferring assets to a trust lets them pass without the hassle of probate, making a trust a powerful tool for estate of any size.

POWER OF ATTORNEY
It's reassuring to know that your affairs will be handled according to your wishes if you become unable to take care of them yourself. Whether the situation is permanent or temporary, a Power of Attorney allows a family member or another trusted person to make medical and financial decisions on your behalf according to your wishes. This makes it a critical part of any estate plan.

There are five types of Power of Attorney:

Healthcare Power of Attorney - allows your attorney-in-fact or your agent to make health and medical care decisions on your behalf

Financial Power of Attorney - allows your attorney-in-fact or your agent to make financial decisions on your behalf

Durable Power of Attorney - this type of Power of Attorney remains in effect if you become incapacitated and can be used by your designated agent to manage all of your affairs. A Non-Durable Power of Attorney is usually for only a set period of time and usually only for a specific transaction

Special or Limited Power of Attorney - used for one-time financial transactions

Springing Power of Attorney - goes into effect is you become incapacitated and/or can no longer make decisions. And Immediate Power of Attorney grants these powers to your attorney-in-fact or your designated agent immediately upon the document's execution.

One of our experienced provider attorneys can walk you through the various types of Power of Attorney that you may need, giving you advice pertinent to your specific situation and your state of residence, since laws regarding Power of Attorney vary from state-to-state. A small legal loophole can make your legal documents unenforceable, which means that banks or medical facilities may refuse to honor your power of attorney when you need it the most. To make sure that your power of attorney is enforceable and legally binding, work with an experienced attorney with knowledge of the laws in your state.

Estate Planning