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As Ben Franklin stated, "nothing can be said to be certain, except death and taxes." While most of us prefer not to contemplate it, we all will experience death. And If death is certain, then certainly the act of dying is as well. For many, dying will involve times of sickness or incapacity. Whether you are a millionaire or someone of more modest means, having a will and the other documents mentioned below, ensures that your loved ones will not be beset with difficulties during your life or after your death at a time when they least need additional problems.
General Durable Power of Attorney:
A general durable power of attorney gives someone you appoint the power to take care of your business, banking and property affairs for you during your life. Without it, your loved ones may have to go to court to obtain approval to act on your behalf, if you are not able to, and that will be expensive and time-consuming.
Living Will:
The living will, more technically known as the "declaration of a desire for a natural death.," allows you to ensure that dignity will mark your passing. This document allows you to direct that care providers may withhold or withdraw treatment which merely makes dying take longer, if two doctors have determined that your condition is terminal.
Healthcare Power of Attorney:
Unfortunately for some of us sickness or an accident may leave us unable to tell care providers what they need to allow them to treat us the way we would wish. The healthcare power of attorney allows you to appoint someone to make those decisions for you when you cannot.
Last Will and Testament:
Don't think that just because you hold property as a joint tenant or have named beneficiaries for life insurance and other contracts or accounts, a will is not needed. Cars, furniture, jewelry or the account you forgot about will all have to be administered after you die. And without a will, that administration is complicated. A will allows you not only to name who receives your property when you die, but also who takes care of your estate. Your loved ones will be thankful they have a road map to help them more easily navigate your passing.
So don't delay. Get started with the simple will sheet below.
Trusts are not just for the rich. One way to simplify the lives of those you leave behind is to have a trust. A trust will allow you to transfer your property upon your death without probate. It saves time and probate fees and perhaps the need for probate at all.
There are other reasons for a trust. Perhaps someone in your family has special needs. A trust may allow you to provide for that person while they still qualify for assistance.
If you are sufficiently wealthy that you are concerned about estate taxes, then we are not the firm for you. But if you are like most of us and expect your estate to be less than the current level of estate tax liability ($12.92 million in 2023), then perhaps we can help. Give us a call to schedule an appointment.