At the simplest level, when someone cannot handle their own affairs or passes away, their assets need to be managed and distributed. There are generally two ways to do this. The first is writing a Will for after death and appointing a guardian for incapacity if needed. The second is using a Living Trust to handle both situations.
- What is a Will?
A Will directs a judge to distribute your assets according to your wishes. This is done through probate.
- What is Probate?
Probate is a court procedure to pay debts and administer a Will or an estate where no planning has been done. It takes on average 9-24 months.
- What is Guardianship?
A guardian is appointed and supervised by a court to handle the medical and/or financial affairs of someone who has become incapacitated.
- What is a Living Trust?
A Living Trust holds your assets and appoints a trustee of your choice to manage your affairs if you are incapacitated and distribute your assets after your death. This can be done without the need for guardianship or probate and allows greater flexibility for the protection of assets from creditors and excess taxes.
While a Living Trust is often preferred, a number of complex factors need to be considered when choosing and designing your plan. Helping you understand your options is what we do. Using the available tools, we help families preserve their wealth for future generations, minimize taxes and court intrusion and protect their legacy from loved ones divorces and creditors.
Inadequate planning creates a financial and emotional burden on loved ones. Our Firm takes pride in knowing that our clients feel a sense of peace when their estate planning goals are accomplished and they have created a plan to succeed them. Let us help you leave your legacy with as little burden as possible.
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