ESTATE PLANNING
Virtually everybody has an estate. If you own a home or a life insurance policy, or even a modest savings, checking, or retirement account, then you have an estate. Therefore, you should have an estate plan to ensure that your property is passed to the people and charities you want it to, and as tax-efficiently as possible.
What often comes as a pleasant surprise to my clients is the fact that the process is a lot less burdensome and time-consuming than they thought it would be. From filling out the initial questionnaire all the way through to the signing and execution of the final documents, I have carefully designed the entire process to take very little of your time and to be convenient and low-stress. Better still, the peace of mind and financial benefit that is likely to result from the few hours you spend on your estate plan is truly invaluable.
Whether your estate is worth a thousand dollars or a billion, a well-considered estate plan helps ensure that your property and assets will be distributed as you wish, and without unintended consequences such as burdening a loved one with a hefty tax bill you never wished to saddle that person with, or preventing that person from inheriting altogether.
Sometimes a will is the best way to see that your wishes are carried out. In other situations a trust might be more appropriate. Within the realm of trusts exists a whole host of options that address different objectives, and which come with a variety of pros and cons, powers and limitations. I can help determine the best course of action for you.
In addition to wills and trusts, a comprehensive estate plan also includes a:
Health Care Proxy and Directives. An advance directive (or “living will”) is a written statement of your wishes regarding medical treatment, including what life-sustaining measures you do or do not want provided on your behalf, as well as at what point those measures should or should not be taken. A health care proxy, on the other hand, empowers another person of your choosing (your “health care agent”) to make health care decisions for you if you cannot do so yourself. The health care proxy defines your agent’s scope of authority, and can also limit that scope if you desire. The health care proxy and living will are combined into a single, comprehensive, and highly personalized document.
Power of Attorney. A Power of Attorney is an authorization granted by you to a person of your choosing to act as your agent and to make binding legal and financial decisions on your behalf, either under all circumstances or under specifically designated circumstances.
Designation of Guardian for Minor Children. Although the designation of a guardian for your minor children upon your death is expressed in your will, the Designation of Guardian document allows you to name guardian(s) for your minor children should you become unable to raise them during your lifetime, whether temporarily or permanently. Please see my article, "Choosing a Guardian for Your Minor Children" for more details.
Other Materials to Help Settle Your Estate. In addition to the above, I also provide you with a variety of materials designed to help the people who will settle your estate by providing them with information such as how to contact the people named in your estate planning documents, the locations of your various vital documents, and your wishes for the care of any pets who survive you, to name just a few.
The Estate Planning Process. After contacting me about your estate planning needs, I will send you a simple questionnaire to be completed before your initial consultation. Or you can download it here. Filling out and returning the questionnaire to me does not obligate you to me in any way, and all the information you provide is completely confidential whether you retain my services or not. Next, I will review the questionnaire to determine what estate planning tools may be best for you, given your particular circumstances. From there, I will quote a flat fee or range of fees based on the option or options that will best meet your needs. If the proposed fee is acceptable to you, we will move on to the next step. If not, no hard feelings and you can simply walk away.
Assuming we decide to work together, we will set a time and place that is convenient for us to meet or to speak by phone, whichever you prefer. During that first meeting, we can get to know one another a bit, and discuss anything about your questionnaire that I think warrants additional discussion. You can also ask me any questions you have, and I can explain the various documents I will be providing in as much depth as you wish.
Following the initial meeting, I will prepare drafts of your estate planning documents and send you a copy for your review. Each estate planning document will be crafted to your particular needs in order to avoid the problems, burdens, and unwanted results that often arise from boilerplate, do-it-yourself estate planning forms. In addition, I also provide you with plain English explanations of what the various provisions in each document mean in order to make your review of them easier. After you review the drafts, we can discuss any questions or concerns you have, and I will make any changes we decide to make. Then, once you are comfortable with and confident in the documents, we will schedule a time and place to sign and execute them.
Download the estate planning questionnaire.
What often comes as a pleasant surprise to my clients is the fact that the process is a lot less burdensome and time-consuming than they thought it would be. From filling out the initial questionnaire all the way through to the signing and execution of the final documents, I have carefully designed the entire process to take very little of your time and to be convenient and low-stress. Better still, the peace of mind and financial benefit that is likely to result from the few hours you spend on your estate plan is truly invaluable.
Whether your estate is worth a thousand dollars or a billion, a well-considered estate plan helps ensure that your property and assets will be distributed as you wish, and without unintended consequences such as burdening a loved one with a hefty tax bill you never wished to saddle that person with, or preventing that person from inheriting altogether.
Sometimes a will is the best way to see that your wishes are carried out. In other situations a trust might be more appropriate. Within the realm of trusts exists a whole host of options that address different objectives, and which come with a variety of pros and cons, powers and limitations. I can help determine the best course of action for you.
In addition to wills and trusts, a comprehensive estate plan also includes a:
Health Care Proxy and Directives. An advance directive (or “living will”) is a written statement of your wishes regarding medical treatment, including what life-sustaining measures you do or do not want provided on your behalf, as well as at what point those measures should or should not be taken. A health care proxy, on the other hand, empowers another person of your choosing (your “health care agent”) to make health care decisions for you if you cannot do so yourself. The health care proxy defines your agent’s scope of authority, and can also limit that scope if you desire. The health care proxy and living will are combined into a single, comprehensive, and highly personalized document.
Power of Attorney. A Power of Attorney is an authorization granted by you to a person of your choosing to act as your agent and to make binding legal and financial decisions on your behalf, either under all circumstances or under specifically designated circumstances.
Designation of Guardian for Minor Children. Although the designation of a guardian for your minor children upon your death is expressed in your will, the Designation of Guardian document allows you to name guardian(s) for your minor children should you become unable to raise them during your lifetime, whether temporarily or permanently. Please see my article, "Choosing a Guardian for Your Minor Children" for more details.
Other Materials to Help Settle Your Estate. In addition to the above, I also provide you with a variety of materials designed to help the people who will settle your estate by providing them with information such as how to contact the people named in your estate planning documents, the locations of your various vital documents, and your wishes for the care of any pets who survive you, to name just a few.
The Estate Planning Process. After contacting me about your estate planning needs, I will send you a simple questionnaire to be completed before your initial consultation. Or you can download it here. Filling out and returning the questionnaire to me does not obligate you to me in any way, and all the information you provide is completely confidential whether you retain my services or not. Next, I will review the questionnaire to determine what estate planning tools may be best for you, given your particular circumstances. From there, I will quote a flat fee or range of fees based on the option or options that will best meet your needs. If the proposed fee is acceptable to you, we will move on to the next step. If not, no hard feelings and you can simply walk away.
Assuming we decide to work together, we will set a time and place that is convenient for us to meet or to speak by phone, whichever you prefer. During that first meeting, we can get to know one another a bit, and discuss anything about your questionnaire that I think warrants additional discussion. You can also ask me any questions you have, and I can explain the various documents I will be providing in as much depth as you wish.
Following the initial meeting, I will prepare drafts of your estate planning documents and send you a copy for your review. Each estate planning document will be crafted to your particular needs in order to avoid the problems, burdens, and unwanted results that often arise from boilerplate, do-it-yourself estate planning forms. In addition, I also provide you with plain English explanations of what the various provisions in each document mean in order to make your review of them easier. After you review the drafts, we can discuss any questions or concerns you have, and I will make any changes we decide to make. Then, once you are comfortable with and confident in the documents, we will schedule a time and place to sign and execute them.
Download the estate planning questionnaire.
Special Considerations for Same-Sex Couples
I am especially committed to protecting same-sex couples, who do not enjoy the many protections automatically afforded married couples. Even same-sex couples who get married in New York or one of the other states performing such weddings are not recognized as legally married by the federal government or by the vast majority of state governments.
Fortunately, until such time that same-sex couples are granted full, nationwide equality, there are a number of ways to provide at least some of the benefits and protections afforded to heterosexual married couples. I know what those benefits and protections are, and how to achieve them. If you are in a same-sex marriage or domestic partnership, I will draft documents that will provide you and your partner or spouse maximum protection and recognition under the law, and also help you compile a set of additional documents that can be kept on hand for situations when the nature and extent of your relationship might be questioned.
There are too many stories of tragedy and heartbreak endured by same-sex couples upon the death or incapacity of one of the partners. Such stories will unfortunately remain commonplace until full equality is achieved. However, the chances of such heartbreak happening to you is greatly reduced with a smart, comprehensive estate plan drafted by an attorney knowledgeable about, and sensitive to, the special considerations involved.
Contact me now.
Fortunately, until such time that same-sex couples are granted full, nationwide equality, there are a number of ways to provide at least some of the benefits and protections afforded to heterosexual married couples. I know what those benefits and protections are, and how to achieve them. If you are in a same-sex marriage or domestic partnership, I will draft documents that will provide you and your partner or spouse maximum protection and recognition under the law, and also help you compile a set of additional documents that can be kept on hand for situations when the nature and extent of your relationship might be questioned.
There are too many stories of tragedy and heartbreak endured by same-sex couples upon the death or incapacity of one of the partners. Such stories will unfortunately remain commonplace until full equality is achieved. However, the chances of such heartbreak happening to you is greatly reduced with a smart, comprehensive estate plan drafted by an attorney knowledgeable about, and sensitive to, the special considerations involved.
Contact me now.
Related Personal Contracts & Family Law Issues
For some of my estate planning clients, the process coincides with certain major life events, such as a marriage/domestic partnership/civil union, or the birth or adoption of a child. I am able to assist such clients with a variety of issues related to such major life events, such as prenuptial/domestic partnership/cohabitation agreements, sperm donor/parental rights agreements, and second parent adoption. Please feel free to raise any of these issues with me before, during, or after the estate planning process.
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