Practice Area Overview

ESTATE PLANNING, WILLS AND TRUSTS, ADVANCE DIRECTIVES

If you have not yet created an estate plan, the Estates, Powers and Trusts Law (EPTL) may have created an estate plan for you. This plan may not be one that you like or one that is appropriate given your circumstances; therefore, it is important to create a plan of your own.

Creating an Estate Plan of Your Own

Creating an estate plan is a process that requires gathering information about you, your family, and any concerns
or goals you may have. Below please find a list of questions I will ask to assist in creating an estate plan that is
customized to address your needs:

• Do you wish to provide for and protect your spouse?
  
• Do you wish to provide for and protect your children?
  
• Does your spouse or child have a disability?
  
• Do you wish to protect your child's inheritance from the possibility of a failed marriage?
  
• Do you wish to avoid probate or keep your estate matters private?
  
• Do you have preferences with regard to artificial nutrition and hydration?
  
• Do you have prepaid funeral arrangements?
  
• Do you wish to be cremated?
  

Estate Planning Documents

Documents used to create your estate plan may include the following:

• Last Will and Testament. This legal document tells who will manage your estate, who
  will get your belongings, and, if applicable, who will become guardian of your minor children or
  other disabled family members after you pass away.
• Revocable Trust. This legal document may avoid probate and maintain privacy for your estate. With a
  carefully drafted revocable trust and re-titling of your assets into the trust, upon your incapacity or death,
  your appointed trustee can pay your debts and distribute your assets according to your instructions.
• Power of Attorney. This legal document delegates the authority to handle your financial affairs.
  Without this, no one (not even a spouse) may be able to access your bank account, securities, or
  any other property in your name without a lengthy legal proceeding.
• Health Care Proxy. This legal document names individuals, in order of priority, to make health care
  decisions for you in case you are physically or mentally incapable of doing so yourself.
• Appointment of Agent to Control Disposition of Remains. This legal document appoints an individual
  to act as your agent upon your death, and to carry out your funeral and burial arrangements in accordance
  with any special instructions or wishes you set forth on the document.