Helping clients get their affairs in order is a large and important part of our practice. We meet with clients to understand their estate planning desires and to craft and implement a plan to meets those goals. We regularly assist clients by preparing and updating estate planning documents so that, upon death or mental incapacity, their desires are carried out and an orderly transition ensues. Upon the death of a loved one, we also assist personal representatives in the process of probating the will and administering the estate.
Examples of some of the estate planning documents we regularly prepare for clients:
A will is a legal document that states how a person's belongings, assets, and property should be distributed after they pass away. It allows individuals to express their wishes and make decisions regarding who should inherit their possessions.
The person who creates and signs the will is known as the testator. The testator assigns an executor, who is responsible for carrying out the instructions outlined in the will. The executor ensures that the testator's wishes are fulfilled by distributing assets to beneficiaries, settling debts, and handling any legal processes involved in the probate of the will.
A revocable living trust is like a container that holds your assets and allows you to manage them during your lifetime and specify how they should be distributed after your death. "Revocable" means that you can change or cancel the trust at any time during your lifetime. A revocable living trust becomes effective while you are alive.
The person who creates the trusts is called the trustor, or grantor/settlor. The trustee is responsible for managing the trust on your behalf. The trustor is usually also the trustee by default, but a successor trustee can be designated to take over in case you are unable to manage the trust or upon your passing.
A living will is a type of advance directive that outlines your preferences for medical treatment and end-of-life care if you become unable to communicate or make decisions for yourself.
A power of attorney is a legal document where you, the principal, grant someone else, the agent or attorney-in-fact, the authority to act on your behalf in legal, financial, or other matters. The agent has a fiduciary duty, meaning they are legally obligated to act in your best interest. A general power of attorney specifically grants authority to the agent to handle financial matters on your behalf. “Durable” allows your agent to continue managing your financial affairs even if you become mentally or physically incapacitated.
A healthcare power of attorney focuses on medical decisions rather than financial matters. It becomes effective when you are unable to make or communicate your own healthcare decisions due to physical or mental incapacity.
In addition to drafting estate planning documents, the Firm regularly litigates probate disputes. We have the experience to protect your interests in court over a range of probate litigation matters.
Examples of some of the probate litigation cases the Firm handles:
Fill out our questionnaire and we will reach out to arrange an initial consultation with Evan Bromley to review the questionnaire and devise an estate plan. This initial meeting comes at no cost. If preferred, please call us at 843-868-2801 or email email@example.com to obtain a PDF version of the questionnaire.