Estate Planning From A Local Mohave County Attorney
Nobody likes to think of their own death. Nevertheless, careful planning now can save your family months of delays, thousands of dollars, and countless hours of headaches; as well as guarantee that your wishes are followed. Whether your goals in estate planning are simply to make your wishes known and guarantee they are followed, or if they are more complex and designed to avoid Probate, our office can help:
- WILLS...this is the simplest form of Estate Planning. With a will, you can specify who gets which portion of your property. You can be as specific as you want or broad, but a will covers everything you own. A will leaves your estate subject to Probate.
- TRUSTS...this is one of the most complex forms of Estate Planning designed to avoid Probate altogether. A trust is a legally binding contract you make with a trustee to disperse your estate as you choose. There are many types of trusts including revocable and irrevocable, spendthrift, self-settled, Husband and Wife joint or separate, Husband and Wife survivorship trusts (A & B), and different subsets. Trusts provide the freedom of a will while combining Probate avoidance, asset management should you become incapacitated and additional controls.
- HEALTHCARE POWER OF ATTORNEY...if you need medical care, or emergency services this document gives the person you choose the right to make decisions on your behalf. If you want someone other than your next of kin to make these decisions, you must have this document.
- LIVING WILL aka ADVANCED HEALTH DIRECTIVE...this document allows you to specifically make your wishes known in advance. Do you want to be resuscitated (DNR), do you want a blood transfusion, feeding tubes, do you want to be buried or cremated? Do you want to be an organ donor, and if so to what extent? Any purpose? Medical Research? Lifesaving only? If you don't specify you could become the next "Body" on display at the Luxor, or wind up on a slab for six months at a Medical School. All of these questions and more can be answered by a living will. A living will gives you control over these decisions now, and maintains that control should you enter the hospital if you want to at all.
- DURABLE POWER OF ATTORNEY...this allows someone else to sign a legal document on your behalf. If you are unable to pay your bills due to hospitalization, the person you name can sign the check. If you need to enter into any kind of a contract like a lease or purchase, your agent can sign on your behalf. Without this document, and a healthcare Power of Attorney a Guardianship and/or Conservatorship could become necessary if you become incapacitated.