This couple had a simple estate, but the goal was to ensure the guardians of their minor child were supported and there were plenty of assets left over for their child to use during his lifetime.
They didn’t have much of a plan to begin with, so we focused on getting the foundation built first. This included:
– Revocable Living Trust;
– Pour Over Wills;
– Financial Powers of Attorney;
– Healthcare Powers of Attorney;
– Living Wills;
– Quit Claim Deeds moving property into the trust (probate avoidance).
The Trust enables the clients’ property to avoid probate, and directs their assets in the trust to go where they would like them to go. It also appoints a trustee to oversee management and distribution of these assets.
The Wills name people to act as personal representative of the clients’ estates, and allow the personal representative to transfer any assets into the trust, if the clients miss transferring any during their lifetime.
The Powers of Attorney for Finances name people to manage the clients’ finances if they are ever incapacitated.
The Powers of Attorney for Health Care nominate people to manage the clients’ health care if they are unable to do so themselves.
The Advance Health Care Directives include what types of health care the clients would like if they are ever incapacitated or in a terminal condition (i.e. in a vegetative state).
The Disposition Instructions state what the clients would like to happen to their remains after they are gone.
The Quit Claim Deeds transfer the clients’ interest in real property to their trust, so it will avoid going through probate.
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