Estate Planning

A proper life plan is designed to save time and money while giving you control over your and your family’s future. All too often, estate planning attorneys end their involvement once the legal documents are signed. Unfortunately, we have seen numerous instances where that resulted in the plan’s failure. Our process at Benjamin Katz, Esq. P.C. continues well after the signing, including serving as your trusted probate attorney should probate be needed. We are not interested in completing a transaction. We want to form a long-term relationship with our clients. 

Frequently Asked Questions

What is involved in Estate Planning?

Estate planning is a process designed to assist you in making and recording important decisions that will face you and your family during your lifetime and after death. If you do not decide these things ahead of time, they may be decided by a court according to state laws. Without a plan, those laws will control what happens if you should become incapacitated and when you die. In many cases, the laws may not align with what you may want. 

If you plan ahead, follow certain procedures and make your wishes clear with help from a qualified estate planning attorney, your wishes can be carried out as you want.

Wills are the traditional method used for after-death asset distribution.  Its major disadvantage is the costs, delays, and legal formalities involved with the probate process.  The probate process is required to validate every Will and make it effective.  Trusts have gained popularity in recent years.  They take effect immediately and provide for asset management and distribution both during your lifetime and after death.  There are many types of trusts for various functions.  However, a revocable living trust (RLT) is the one primarily employed to avoid the probate process while allowing you full control of your assets.

What other Estate Planning documents are there?

Although protecting assets is certainly a priority, what is also of importance is ensuring that you have the appropriate legal documents in place to ensure your health care and financial affairs are properly handled. Some of the tools we utilize are:

• Durable Powers of Attorney
• Healthcare Proxies
• Living Wills
• Burial Agent Designation Forms
• Guardian Nominations for Minors

Durable Power of Attorney

A durable power of attorney  (POA) is a document in which you give another person (agent) or persons (agents) authority to make legal and financial decisions for you. It is important for every adult, because if you become incapacitated, you need someone you trust making financial and legal decisions for you rather than a court having to appoint a Guardian. Durable Powers of Attorney are effective the day signed and continue despite incapacity and may be tailored and limited to meet your specific needs and independently monitored to guard against abuse.

Healthcare Proxy

A healthcare proxy is a document where you name someone (agent) to make healthcare decisions for you if you become unable to do so. Decisions about your care may include which doctor, treatment or hospital is best for you and whether to take heroic measures to save your life. It starts operating when an attending physician determines that you lack mental capacity to make healthcare decisions for yourself and you are unable to dispute that determination. It may be changed or revoked as circumstances change.

Living Will

A living will is a document that outlines what your wishes are regarding whether life-extending medical measures should be taken to prolong your life if you have a terminal illness and are permanently incapacitated or unconscious. It authorizes and directs the attending physician to withhold, withdraw or limit treatment to save or extend a person’s life in these circumstances.

Burial Agent Designation Form

A burial agent designation form is a document expressing wishes for the disposition of your remains.  It designates an agent to arrange for funeral, burial, cremation, cryogenic freezing or other disposal and identifies whether you have prepaid for any services. 

Guardian Nomination for Minor

A guardian nomination for minor document names individuals to serve as guardians for your minor children in case of accident or death.  Without this form, it may be necessary to obtain a court order for someone to take custody of you children.  While waiting for a court order, your children may temporarily be placed in foster care or become wards of the State.

Schedule a Free Consultation Today

We offer flat fees for both Will-based and Trust-based estate plans. If you need a knowledgeable and experienced estate planning, schedule a free consultation with our attorneys today. To make your appointment, please call us at Call Us or send us a message through the this.