The right estate planning attorney will be your partner in the process, guiding you through the various options and helping you make decisions that are right for your family. To find an attorney who will be a good fit for your needs, it’s helpful to ask questions. Here are some of the most common questions people ask during their initial meeting with an attorney.
- What is the best way to plan my estate?
The best way to plan your estate is to create a trust. Trusts are legal documents that allow you and your loved ones to control how your assets are distributed after your death. A trust can be created for any purpose, but some of the most common uses include:
- Naming beneficiaries who will receive the money or property when you die
- Appointing someone as an executor or personal representative of the estate, who will manage it until the distribution
- Determining distributions to be made from the estate
- Can you review our existing estate plans and tell us if they are sufficient to meet our needs?
A review of your existing estate plan can be helpful to see if it meets your family’s needs. If not, what are the gaps in your current plan and what should be included in a new estate plan? For example, do you have an alternative to probate? If so, does it need amendments or updates?
If you don’t have a will yet, we explain how wills work and the value of having one. We also discuss other important documents such as living trusts and powers of attorney for health care decisions (called “health care directives” in some states).
- What happens if my spouse or I get sick?
If you or your spouse/partner are unable to make decisions or are incapacitated, who will be able to administer your estate? What happens if one person has control of the assets and no longer wishes to share his or her power with another? Estate planning provides a way for individuals to ensure that they will be able to protect their assets while still ensuring that someone they trust can make decisions on their behalf.
Estate planning helps protect the rights of people who are unable or unwilling to manage their finances themselves. The most common reason for this is age-related infirmity; however, it’s also possible for illness or accidents (such as those caused by a car accident) to cause a loved one’s incapacity.
- What is a living will?
A living will is a legal document that sets forth how you want to be cared for if you are no longer able to make your own medical decisions. It goes into effect when you become mentally incompetent, and it should be updated periodically as your medical situation changes.
It’s important to understand what a living will is not: A living will does not dictate how or where you want to die; it only tells the people involved with your care what YOUR wishes are (whether those wishes are for life-saving treatment or against an intervention). It also does not determine whether or not someone else can refuse treatment on your behalf—if they do so, they would have a right by law to do so even if they were in conflict with the language of your living will.
- What documents should be included in an estate planning package?
- A will is one of the most important documents in your estate plan. It lays out how you want your property to be distributed and who should be in charge of handling your affairs after death.
- A healthcare proxy allows someone to make decisions for you if you are unable to do so, such as discontinuing life-sustaining treatment.
- A durable power of attorney gives someone the authority to handle financial matters while you are still able to make decisions on your own behalf. This includes signing checks, paying bills, filing taxes and selling property with the title in their name or yours (if applicable). The right person can also manage your investments and other assets until you’re well enough for a full return to normalcy.
- A living will specifies what medical procedures or treatments you would like performed if doctors determine that they are necessary in order for the patient’s quality of life to remain good—or even improve. This document can help prevent family members from having endless battles about whether or not it’s appropriate for doctors and nurses to try everything possible before letting go; instead, everyone agrees upfront on what should happen under such circumstances.
An estate planning attorney can help you get your documents in order. They can also help you understand the different options and make recommendations based on your unique situation. Asking the right questions of an estate planning attorney is key to making sure that they will be able to guide you through this process and give you the best advice possible.
When you have questions about your estate plan, an attorney can help. An attorney will be able to help you understand the best way to plan your estate and make sure that it is up-to-date with current laws. You don’t want to leave something as important as your legacy up to chance when there are so many options available today!
If you’re ready to get started on your estate planning, contact Mestayer Law Firm today. We can help you get your affairs in order so you don’t have to worry and your family can have peace of mind. Give us a call today at 228-762-1193 to learn more.
No representation is made that the quality of legal services performed is greater than the quality of legal services performed by other lawyers.
This article does not create an attorney-client relationship. I am licensed to practice law in Mississippi and have based the information presented on US laws. This article is legal information and is for entertainment and informational purposes only and should not be seen as legal advice. You should consult with an attorney before you rely on this information. Any information provided in this blog is accurate and true to the best of my knowledge, but there may be omissions, errors or mistakes.