This client asked us to coordinate her estate plan with her son’s to ensure that her wishes were upheld. She wanted part of her property to got to her son and part to her grandson, so we worked with her son’s attorney to ensure her wishes were upheld.
Based on their needs they chose to do the trust package, which includes:
– Revocable Living Trust;
– Will;
– Power of Attorney;
– Medical Power of Attorney;
– Health Care Directive;
– Disposition Instructions; and
– Quit Claim Deed moving real estate into the trust
The Revocable Living Trust enables the clients to avoid probate, directs their assets in the trust to go where they would like them to go, and appoints a trustee to oversee management and distribution of these assets. When the clients are gone there will also be asset protection elements for the children.
The Will names a personal representative (i.e. executor) of the client’s estate and ensures all assets get into the trust, even those the client failed to allocate.
The Power of Attorney names people to manage the client’s finances if they are ever incapacitated.
The Medical Power of Attorney nominates people to manage the client’s health care if they are unable to do so themselves.
The Health Care Directive tells the client’s Medical Power of Attorney what to do if they are in a vegetative state (i.e. pull the plug or not).
The Disposition Instructions state what the clients would like to happen to their remains after they are gone.
The Quit Claim Deeds transfer the client’s interest in real property to their trust, so it will avoid going through probate.
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