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Estate Planning Attorneys

We assist our clients at every stage in life in planning for their future.  Creating and properly maintaining an estate plan can preserve your family’s wealth and maximize your ability to care for future generations.  In some cases, a properly crafted estate plan can also help provide asset protection to your beneficiaries from future creditors and even divorce.

Avoid Common Problems with an Estate Plan

1. Minor Children:  If you have minor children a court will need to appoint a guardian and a custodian to care for them and to look after the inheritance on their behalf.  Of course, the person(s) who the court appoints as guardian and conservator may not be the same person(s) you would have appointed to care for your children.  Also concerning is that some family members may be able to care for your children but they cannot effectively manage money.  In addition, in some cases, when the children reach eighteen (18) they may be entitled to receive money from your estate without any restrictions.
2. Children with Special Needs:  If you have children or loved ones with special needs who qualify for government benefits, an inheritance given outright (not in trust) to such an individual could disqualify them from receiving their state/federal benefits
3. Unique Family Situations:  The intestate succession statutes are not designed to meet the unique needs of every family.  For example, if you are in a second marriage in which both spouses have children from a prior marriage the intestate succession statutes could produce an undesirable result in which your second spouse and surviving children may not receive the inheritance that you would have intended.
4. Incapacity:  If you become incapacitated, you won’t be able to manage your own financial affairs.  In most cases, your spouse or adult children cannot automatically take control over all of your assets and financial affairs.  For a family member to take control your finances in the event you are incapacitated, he or she must normally petition a court to declare you legally incompetent.
5. Federal Taxes:  If you have a large estate it is very important to plan for the estate tax laws at the federal level or state level.  Creating an estate plan can assist your family in minimizing the affect of the estate taxes payable to the state and/or federal government after your death.
    

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