Nobody likes to discuss their mortality and oftentimes we tend to think that we have all the time in the world. Handling your estate planning is something you should do now rather than later. An estate planning lawyer can help walk you through the process to ensure that you and/or your loved ones are taken care of if the unthinkable happens. It’s one of the best gifts you can ever give yourself. This is to ensure that your assets and even your health and well-being are handled exactly how you want.
What Does An Estate Planning Attorney Do?
An estate planning lawyer’s job doesn’t start and end with drafting your will. The process can be long and complicated. This time frame can be extended if there are many parties involved or if your health takes a turn for the worse. It’s especially important to get ahead of everything while you are “compos mentis”. If only to ensure that your beneficiaries do not go against your wishes around your estate. So, what exactly does your estate planning attorney do?
- Setting up Trusts
There are many different types of trusts available in Florida such as revocable or irrevocable trusts to name only two. It’s best to discuss the right type of trust for you with your attorney. Living trusts are established during your lifetime and all your assets are put into this trust. Your nominated trustee will then allocate your assets as per the exact terms of the trust. Keep in mind that it isn’t easy setting up and amending a living trust, which is why specialist legal knowledge is often required to ensure that everything proceeds as it should.
- Drafting Your Will
Setting up a will is often the last thing on anyone’s mind. It could be because it is a reminder that nobody lives or remains healthy forever. The problem occurs if someone passes away or becomes incapacitated before they can even set up a will. As nobody knows exactly what will happen in the future, it’s always best to set up your will as soon as possible along with constant revisions, should you wish to revise or amend any of the will’s contents.
This Last Will and Testament is to be distinguished from a LIVING WILL. A living will establishes your wishes regarding your medical treatment if you ever become incapacitated due to your health. Your Last Will and Testament establishes your wishes regarding the distribution of your assets upon your death.
- Preparing Durable Powers of Attorney
Your lawyer can also help you with the process of preparing durable powers of attorney. This process allows you to appoint a representative to manage all your affairs. These can be legal, medical, and more. A durable power of attorney has these rights irrespective of your capacity to make decisions or not. This is why you should consult with your attorney before giving someone the right to make decisions for you.
- Coordinating Health Care Surrogate Appointees
If you are ever in a situation where you are medically incapacitated, it’s good to have an appointed healthcare surrogate. They will be able to make decisions in line with your wishes. A proxy allocated without your input may not make decisions that are in your best interests. Having a reputable estate planning lawyer handle the paperwork regarding the appointment of a healthcare surrogate will help make your life so much easier. Nobody ever plans to become medically incapable of making rational decisions, however, sometimes the choice is taken from us. Before any of the like happens, it’s better to have a healthcare surrogate appointed with the help of your reputable attorney.
- Legal Representation During the Probate Process
Probate can be challenging, especially as each state has its own legislation around the probate process. In Florida, most estates must go through the probate process once someone has passed. During this process, the chosen personal representative must ensure that your will is valid for your assets to be distributed according to your will. In instances where there may be complications due to conflicts within the family or the addition of newer family members, having an updated will can help the process. It’s best to rely on lawyers well-versed in probate proceedings such as the team at Gary I. Handin, P.A., when it comes to all factors of estate planning including the probate process.
The Benefits of Early Estate Planning
There are numerous benefits to getting your affairs in order before anything happens. Not only will you be able to provide for your family if something happens to you, but you help ease their burden by having things in order. You will also be able to distribute your assets much quicker than if they had gone through the probate process without any documentation from you. Early estate planning can also help ease the expenses your family will incur in the event of your passing as probate is not only time consuming but also costly. Throughout this entire process, if you ever are incapacitated you can rest assured knowing that your will regarding your health is being followed and the burden does not lie on your family to make difficult decisions.
Estate Planning With A Coral Springs Estate Planning Lawyer
There is no “right” time to handle your estate planning, it’s better to have all your things in order before anything can happen to you. A financially smart way to handle your planning is to do it upfront, irrespective of your age, and just make amendments with your attorney as required. This will help keep your estate planning up to date and ensure that you and your loved ones are covered in the event of a crisis.
For more information or to consult with a reliable and specialized attorney, contact the team at Gary I. Handin, P.A., today at 1-877-815-4560