Estate Planning
The "Basic" Parts of an Estate Plan

Estate planning is about preserving the life you love. This means taking the time to consider what's most important to you so that we can work out your estate planning objectives together. Our job is to be a sound source of advice and a dedicated advocate on behalf of your legal rights and interests. Peace of mind starts here.

  • Include instructions for passing your values in addition to your valuables.
  • Include instructions for your care if you become disabled before you die.
  • Name a guardian and an inheritance manager for minor children.
  • Include life insurance to provide for your family at your death; disability income insurance to replace your income if you cannot work due to illness or injury; and long-term care insurance to help pay for your care in case of an extended illness or injury.
  • Provide for family members with special needs without disrupting government benefits.

What Your Estate Plan Can Provide For You

  • Provide for loved ones who might be irresponsible with money or who may need future protection from creditors or divorce.
  • Provide for the transfer of your business at your retirement, disability or death.
  • Minimize taxes, court costs, and unnecessary legal fees.
  • Avoid chaos and discord among beneficiaries.
  • Future Assurance. Your plan should be reviewed and updated as your family and financial situations (and laws) change over your lifetime.
   

REVOCABLE LIVING TRUST

A Revocable Living Trust is a trust which you can create during your lifetime and revoke or amend whenever you wish to do so. Like a Will, a Living Trust can provide for the distribution of property upon your death.  Unlike a Will, a Living Trust avoids probate at death. It can also provide you with a vehicle for managing your property during your life and authorize the trustee to manage the property and use it for your benefit if you should become incapacitated, thereby avoiding the court from controlling your assets.

 

POUR-OVER WILL
A Pour-Over Will is a Will established by an individual who has already taken the necessary steps to set up a trust, so that upon the death of the individual, all of his or her assets are to be transferred - or "poured over" - to the trust. By doing so, the individual ensures that his or her estate has an explicit direction to shift assets into the trust. The Will may also name the guardian(s) of your minor children, the conservator(s) of property that belongs to minor children, make special gifts of property, and include burial instructions.

 

POWER OF ATTORNEY FOR FINANCIAL MATTERS

A Durable Power of Attorney for Finances -- or Financial Power of Attorney -- is a simple and reliable way to arrange for someone to manage your finances if you become incapacitated (unable to make decisions for yourself).

 

ADVANCE HEALTH CARE DIRECTIVE

An Advance Health Care Directive, also known as Living Will, is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or incapacity.

 

CERTIFICATION OF TRUST

The Certificate of Trust is a public document used to transfer assets (bank accounts, stock accounts, mutual funds, real property, etc.) into the name of your trust. This is the document which you will show to the bank, stockbroker, escrow officer, etc. for items you wish to place in the name of your trust.

  

 The Law Office of Asha J. Wilbun