Skilled Estate Planning Attorney Offering Basic Estate Planning to Boca Raton Residents
When it comes to estate planning, the sheer number of documents and plans you need to consider, draft, and sign can be overwhelming. That’s why the Law Offices of Steven J. Asarch offers clients a basic estate planning package that streamlines and simplifies the estate planning process. We will work with you to put these five important documents together: a last will, a living trust, a durable power of attorney, a living will, and a health care surrogate designation. With these essential items in place, you can rest assured that you are taking important steps to protect your loved ones.
Establishing a Last Will
As you may already know, a will is a legal document that indicates how you would like your assets to be distributed after your death. The Law Offices of Steven J. Asarch can help you establish a clear and specific last will that will ensure your wishes are honored after you pass on.
Why Wills Are Useful
You may be wondering why putting a will in place right now is advisable. Well, if you pass away and you do not have a will, the state of Florida steps in and makes all of the decisions about the distribution of your estate for you. This can create a stressful situation for your loved ones, and many families end up embroiled in expensive legal battles.
While many generic forms for creating a will are available online, most of these are generic and impersonal. When it comes to protecting your family’s future, you should make sure you are creating a last will that addresses the unique circumstances of your family. Our firm believes that a last will should be tailored to suit your unique situation; a one-size-fits-all approach will not give you the protections you deserve. We have the experience you can trust to make sure your wishes are clearly articulated so that your family can avoid unnecessary stress and arguments.
Creating a Living Trust
Typically, a will must go through the probate process after a person’s death. Since a probate court will oversee this proceeding it is expensive, lengthy, complicated, and a matter of public record. To avoid probate, most people establish a revocable living trust. Since the trust assumes ownership of your estate while you are still living, you are able to continue to manage it until you are no longer able to do so (at which point your appointed successor trustee will make decisions in your stead). When you pass away, your successor trustee will distribute your estate according to your instructions.
Durable Power of Attorney
In the event that you become incapacitated and unable to articulate your wishes for any legal, medical, or business matters, it is critical to have a trusted person or persons act on your behalf. A power of attorney assigns authority to a person you have identified to make decisions in your place. Discussing your specific circumstances and needs with a trusted estate planning attorney is essential. It is important to complete a detailed durable power of attorney so that you can ensure your wishes will be honored and carried out when the time comes.
Health Care Advance Directives
Many people assume that a will contains the same information as a health care advance directive, so they do not find it necessary to put such a document in place. However, in order to maintain control over your medical choices and treatment preferences, you need to prepare and sign health care advance directives, including a living will, a health care surrogate designation, and other documents pertaining to your health care goals. Having such documents in place long before the unthinkable happens will ensure that your wishes for medical treatments are upheld when you can no longer communicate them.