05.07.21

What is included in a well designed estate plan?


Share

Screen Shot 2020-05-01 at 10.39.24 AM.png

 

Many people assume that a basic estate plan means having a will. In reality, there is so much more to a solid estate plan.

In reality, a well-designed estate plan should be designed to help save on taxes, protect assets and help to avoid probate. A good plan should also appoint someone to act for you should you become disabled. This should include provisions allowing your family access or control of your assets should you become unable to do so yourself. All assets should be able to transfer seamlessly to your heirs upon your death.

At the very minimum, an estate plan should include a will and a durable power of attorney. A trust can also be a valuable tool. Let’s take a closer look. 

Will 

A legally binding will tells your loved ones who will receive your property after you’re gone. It will also name an executor or representative who will make sure that your wishes are honored. If you have minor children or children with special needs, a will is especially important. You will want to be the person who names the guardian for your minor children or those with special needs.

Trust

A trust is set up and names one person or bank or law firm as a trustee who can hold legal title to the property for another person called the beneficiary. The most common reason for establishing a trust is to avoid probate. Also, a revocable trust will terminate when you pass away. Any property in that trust will pass to your beneficiaries immediately and without the need for probate.

Power of Attorney

A power of attorney allows you to appoint someone to act in a financial capacity on your behalf, should you ever become incapacitated. Without this document, a court would have to step in and appoint a conservator. This takes money and time and the judge may not choose a person that you would want.

Medical Directives

This part of planning can include several documents like a living will, a healthcare proxy and medical instructions. A living will lays out your wishes to your medical team regarding do not resuscitate orders should you become terminally ill. A healthcare proxy, also known as a durable power of attorney for healthcare, names a person to be in charge of your healthcare decisions if you are unable to.

A complete estate plan should also include looking at current beneficiaries to be sure that they are up to date and follow your wishes. Beneficiaries should be reviewed often.

Contact Us

Kevin Miller is an experienced probate, estate planning, and elder law attorney in Oklahoma City. Kevin will guide you through the process of drafting an enforceable will, advance directive, and power of attorney documents. Kevin is motivated to help all families in Oklahoma City get the proper estate planning documents in place long before they need them.

If you have further questions or would like to discuss the process and pricing, please contact us through the website, or call 405-443-5100.