Although not a complicated estate, this client has both a minor and adult child with very different needs. Like all good estate plans, what they ultimately received was tailored to making sure both children would be taken care of with as little difficulty as possible. The main concerns were establishing guardianship for the minor child and making sure assets passed outside of probate to be available to both children as needed.

Based on their needs they chose to do the trust package, which includes:

– Revocable Living Trust;
– Wills;
– Powers of Attorney;
– Medical Powers of Attorney;
– Minor Power of Attorney
– Minor Medical Power of Attorney
– Health Care Directive;
– Disposition Instructions; and
– Quit Claim Deeds 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 does three things: (1) name long-term guardians for the kids if something happens to both of them; (2) name a personal representative (i.e. executor) of the clients’ estates; and (3) ensure all assets get into the trust, even those the client failed to allocate.

The Power of Attorney names people to manage the clients’ finances if they are ever incapacitated.

The Medical Power of Attorney nominates people to manage the clients’ health care if they are unable to do so themselves.

The Minor Power of Attorney and Minor Medical Power of Attorney act as a short-term guardian designation in case both parents are incapacitated at the same time.

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 clients’ interest in real property to their trust, so it will avoid going through probate.

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