Listening to your needs to help you plan for the future of your family.


Many people believe that estate planning is only for the elderly and the wealthy. Nothing could be further from the truth. While specific estate planning needs vary greatly depending on a person’s life situation, some level of planning is important for nearly all adults. Another common misconception is that estate planning is always expensive. Although the costs involved can vary greatly depending on your specific needs, I am committed to ensuring that a proper estate plan is affordable for your family. You will likely be surprised at how affordable it can be, especially when you consider the risks involved in not having a proper estate plan in place.

The purpose of this page is to help you to become aware of some of the common estate planning documents and their purpose. However, nothing on this page should be regarded as legal advice for your situation. If you have questions about your specific estate planning needs, I strongly recommend that you call my office, and I would be happy to discuss your options with you.

Who should have an estate plan?  

Specific needs vary from person to person. Your specific estate planning needs are dependent on your situation. However, just about every adult would benefit from having at least some of the documents that are commonly associated with an estate plan. If you own property, are married, and/or have children, you should consider speaking to an attorney about drafting a will or a trust. And, even if you are not at this stage of life, there are other documents that are important for your situation, such as a durable power of attorney and a patient advocate designation.

What are some types of estate planning documents?  

  • A will is perhaps the document that is most commonly thought of when people think of estate planning. A will is a document that is prepared during your life that allows you to communicate how you would like certain major decisions to be made after death. If prepared properly, a will is legally binding on those who live on after the testator (the person who created the will). Most wills have specific provisions detailing how the testator’s property is to be divided and distributed. It may have specific instructions about how to deal with certain types of property. You may also leave instructions in your will about how your children are to be cared for and who is to care for them, in the event that the children’s other parent is deceased, unable to care for the children, or in certain other circumstances.

    If a person dies without having properly executed a will, then many of these important decisions may have to be made by a judge enforcing the intestacy statute that is in force at the time. Since each person’s situation is unique, it is unlikely that the intestacy statute will exactly match your own wishes. This is especially complicated when it comes to your children. It is a sad reality that sometimes, often due to unforeseen circumstances, parents pass on, leaving behind minor children. Sometimes, the result is that the children are left parentless. Fortunately, forward thinking parents can prepare for this possibility by using a will (sometimes in combination with a trust document) to ensure that their children will be cared for by someone they trust.

    These types of scenarios are uncomfortable to think about. Often, however, the best way prevent the worst is to prepare for it. Executing a will as part of a complete estate plan, with the help of your attorney is one important step in preparing for life’s circumstances.
  • A living trust is probably the most complicated of estate planning documents and is therefore often the most expensive to prepare. Nonetheless, they are recommended for many clients. The explanation of trusts provided here is quite simplistic, and it would be nearly impossible to provide a thorough explanation here. Therefore, it is best to consult an attorney in deciding whether a living trust is appropriate for your situation.

    A living trust is basically a type of document that allows you (the settlor) to transfer property to a trustee. The trustee is then obligated by the document to use the trust property for the benefit of another (the beneficiary). One common use of a living trust is to allow the settlor to take steps during his or her life to ensure that his or her assets will be used in a prescribed way or for a prescribed purpose. Often, this purpose is to care for the settlor’s spouse or children after his or her death.

    There are several reasons that you might choose to execute a trust. For example, you might be concerned with the ability of your children or other survivors to adequately handle your estate. This is especially likely if you have a large estate or if your beneficiaries include minor or young adult children. Another benefit of a living trust is that it helps to avoid much of the probate process. Although a living trust is generally supplemented by a will, by conveying most of your assets via a trust, you allow your beneficiaries to avoid the probate process for these assets. Additionally, proper estate tax planning may cause your attorney to recommend the use of a trust to reduce the tax burden on the beneficiaries.

    For more information about living trusts and for help determining whether one is appropriate for your situation, please call me. I would be delighted to discuss this option in greater detail and in relation to the specifics of your situation.

  • A durable power of attorney is a standard component in most estate plans. A durable power of attorney allows you to name another person (called an agent) to make important financial decisions on your behalf if you become medically or mentally unable to do so. If you become ill and are unable to handle basic financial decisions, your agent would have the legal authority to perform tasks such as paying bills and purchasing various necessities on your behalf. Although you can place limits on the authority of your agent, it is important that the agent be someone who you trust. It is also important to ensure that the durable power of attorney is drafted and executed properly so that it will be legally binding and enforceable (and therefore accepted) by those who may be expected to rely on it. In order to be valid, one requirement is that the durable power of attorney is executed while the principal is mentally competent. Because they are often used in response to unforeseen circumstances, I encourage you to have a valid durable power of attorney in place at all times and to consult an attorney to see if you need to update it for each major change in your life situation (such as marriage or divorce).

  • A patient advocate designation is a form that is used to alert medical staff to your medical preferences in the event that you are unable to speak for yourself. The patient advocate designation will allow you to select an agent who will make decisions on your behalf in the event that you are medically or mentally unable to do so. It also allows you to express, in writing, certain preferences about how medical care is to be administered in the event that you are unable to communicate these preferences. Because you cannot possibly foresee every conceivable situation, it is important to have an agent who is both trusted and well-informed about your convictions, beliefs, and desires in regard to medical decisionmaking.
  • A mental health patient advocate designation functions very much like a standard patient advocate designation. The main distinction is that it is focused solely on your future mental health needs. Practitioners in the mental health field may be reluctant to rely on a standard patient designation in allowing an agent to approve mental health treatment. Such concerns are alleviated by a mental health patient advocate designation, which will indicate that you have specifically considered the possibility that your agent may need to make decisions for you regarding mental health treatment.

What should I do if I am considering creating or updating my estate plan?

 If you do not have an estate plan, I strongly recommend that you seriously consider creating one. If it has been several years since you last executed your estate plan documents or if you experienced a major change in your personal situation, such as a marriage, divorce, or the birth of a new child, it may be advisable to update your existing estate plan.

If either of these statements apply to you, I encourage you to call my office and schedule a consultation. At your initial consultation, you and I will discuss your current situation in relationship to your estate planning needs. I will ask you to provide several types of documents that will help me to better understand your current and future needs. I will answer your questions and address any concerns you may have. We will discuss each of your estate planning options, along with the benefits, costs, and potential problems with each.

Please call me directly at (734) 740-3239 to schedule an appointment. I will happily meet with you in your home or office, or you are welcome to come to my office if you prefer.