This page offers a brief overview of what constitutes Estate Planning and Elder Law, and gives some typical services involved in each.
Estate Planning Services
Estate Planning involves creating documents to protect against incapacity and to establish after-death protections and wishes. Estate tax exposure, minor children’s and/or disabled or aging relatives’ needs, general liability protection, and business succession goals are all addressed by a comprehensive estate plan.
- Wills and Trusts
The plan may include some combination of Trusts and/or Wills for after-death protections, and should always include the basic lifetime incapacity documents including:
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Power of Attorney | |
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Health Care Proxy | |
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Living Will | |
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HIPAA Release | |
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Emergency Guardian Proxy | |
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Homestead. |
For more information on these documents, visit the page.
Probate is administration of an Estate post-death, guiding the Executor/ Administrator through the Court process. Related services include Estate Tax returns preparation when appropriate, and removing the decedent’s name from title to assets held with a spouse or child during life (including real estate).
Trust Administration provides advice to Trustees in how to wisely and effectively fulfill responsibilities to a Trust and its Beneficiaries. This includes identifying appropriate distributions, preparing annual accountings to the beneficiaries, and notification as to when tax returns are required.
Real Estate represents and protects the interests of Buyers and Sellers, including sale in anticipation of downsizing or nursing home placement, Estate or Trust liquidation, or deed execution under Power of Attorney.
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Elder Law Services
- Long-term Care Planning
Long-term Care Planning protects the elder by preserving choices, quality of life, and autonomy, while choosing advocates in the event of incapacity and developing a methodology for financing growing medical/ caretaking needs. Frequently this evolves into counsel surrounding placement in a facility and applying for benefits programs. This is a process over time, often requiring complex strategizing.
- Guardianship
Guardianship exists when execution of comprehensive estate planning documents was not performed during a period of competency, thereby leaving a now-incompetent person with no legal representative to advocate on his or her behalf. Guidance through the extensive and complicated legal process before the Court is provided, as well as guidance for performing duties post-Guardianship appointment.