Donna J. Jackson /Practice Areas
Do you want to specify exactly where your assets will go after you pass away? Do you want to avoid the probate process? Do you want to make certain that assets won’t be given outright to a minor or that your young children are responsibly taken care of – money wise? Then it is time to start considering estate planning.
Whether you are single, married, have children, or have fur children, our goal is to make sure your surviving spouse, surviving children, and/or surviving animals are provided for as you see fit. This can be done with an array of estate planning techniques.
Please call the office, ask to speak with Linda, and schedule an appointment with our team to help you accomplish your estate planning wishes.
No, the rumor is not true – you do not need a million dollars in assets to have a Trust. You may want to make sure minor children, pets, a person with special needs, or your family, in general, are taken care of and are able to avoid the probate process with the help of a Trust. There are many different types of Trusts, including: Special Needs Trusts, Revocable Trusts, Irrevocable Trusts, Medicaid Asset Protection Trusts, Veterans Asset Protection Trusts, Charitable Trusts, etc.
Durable Power of Attorney, Health Care Power of Attorney, HIPAA Authorization & Advance Directive (a/k/a Living Will)
These are all helpful tools to have in your estate planning toolbox. Who can write checks on your behalf, who can doctors talk to and ask medical questions, who can get access to your medical records. These documents help instruct others of your desires on who you have selected to act in your stead and in your best interest.
It is always difficult when a loved one dies, but the situation can become even more complicated when assets are left in that person’s name and need to be transferred to others. For example, if a mother passed away and left a house in her name, then that asset is stuck and has nowhere to go. A probate attorney can help you (the heirs) to get the Judge to allow those assets to be transferred to the rightful people.
If a person dies with a valid will, that person is said to have died testate. If someone dies without a will or without a valid will, then the person is said to have died intestate. With either situation, it is advisable to speak with an attorney to determine is any assets need to be probated or if there is another way to get a small asset transferred out of the decedent’s name and into the rightful heir’s name.
When it is necessary or convenient, a guardianship may be appointed over a minor or an adult and over the person or the person’s property. A judge will determine what is in the best interest of the individual potentially needing the guardianship over him or herself. There are several reasons why one might needs a guardianship, e.g., enrolling a minor into school or daycare, allowing the guardian to obtain medical treatment, etc.
The petition to obtain guardianship should be filed in the county court where either the potential ward lives or where the proposed guardian lives. Guardianships can be temporary or long-term. We all want what is in the best interest of the potential ward (adult or minor needing the guardianship). Please contact us today to schedule an appointment to discuss the matter further!