ESTATE PLANNING DOCUMENTS: This includes drafting simple or complex wills, depending on your needs. For example, a parent can specify that his or her estate is to be held in trust for the benefit of children. The trustee can be instructed to use the estate for the children's needs, including a college education, and that any funds remaining in the trust be given to the child when they reach an appropriate age. (The property can be held in trust beyond the age of majority. It is common to postpone giving a child control of their inheritance until they reach an age when the parent feels they will be mature enough to manage it wisely).
I also regularly draft other estate planning documents, such as:
Power of Attorney: this gives another person (commonly, a spouse) power over your property and finances. A Power of Attorney can be effective immediately upon signing, or you can specify that it will become effective in the event you are no longer able to manage your own affairs due to disability, illness, and the like.
Community Property Agreement: Married couples can specify that all property they own is community property, and that upon the death of one spouse, title to the property automatically vest in the surviving spouse. It is common for couples to execute a Community Property Agreement in addition to their Wills, to avoid the time and expense of probate upon the death of the first spouse. There are pros and cons to using a Community Property Agreement, depending on your specific situation, including your potential Estate Tax liability.
TRUSTS: Trusts can be a useful tool for a number of things. Various types of trusts can be used to reduce or eliminate any Estate Tax that may be due upon your death (thereby allowing more of your property to pass to your heirs). Other types of trusts can be used to allow you or your spouse to qualify for Medicaid benefits, or to pay for special needs that Medicaid, Social Security, and other government benefits do not cover. A Living Trust is a popular device for avoiding probate.
In addition to drafting trust documents, I have experience serving as Trustee, managing trust assets and making sure the creator of the trust uses the trust property as intended.
GUARDIANSHIP: The court can appoint a guardian for you if you become incapacitated with respect to your person (i.e., you are unable to care for yourself) or your estate (you are unable to manage your property or affairs, or are prone to exploitation by others). I have experience representing petitioners seeking to establish a guardianship for a family member or loved one; I also have experience representing guardians after the guardianship is established, helping them recover property taken from the ward by third parties, and assisting them with care plans, financial accountings, and other documents required to be filed with the court.
To learn more about how I can help you in any of these areas:
