Estate Plan Issues (2 of 5) - Does Your Living Will Really Protect You and Your Family?

One of the most important estate planning documents is your Living Will.

This important document directs what medical treatment and medications you should receive when you become disabled and cannot express your own wishes.

I say "when you become disabled" rather than "if you become disabled" because every one of us will be disabled at some point in our lives. It may be the last ten minutes of our life or the last ten years. Also we may be disabled for a day or a week and then recover our ability to make decisions on our own. This is why a Living Will is so important.

In Minnesota, they are sometimes called a "Health Care Directive", a "Power of Attorney for Medical Care", an "Advance Care Declaration" or by several other names.

The focus of a Living Will is that the patient designates another person to make decisions for him or her when the patient is disabled.

Not all Living Wills are created equal. For example, the Federal Health Insurance Portability and Accountability Act (also known as HIPAA) can significantly affect how a hospital or clinic will interpret a person's Living Will. It is important to make sure that yours is in compliance with HIPAA.

Another important thing to do is to make sure that your Living Will is delivered to your doctor or clinic. This carefully drafted document has no effect if it is sitting in a lawyer's office or at home in your desk when it is needed at the hospital. What is more, sometimes people will sign a new make-shift Living Will that they receive at the clinic prior to a medical procedure. Many people do not realize that the make-shift version they sign at the clinic usually invalidates the carefully written one that an attorney wrote with them.

A Living Will can also direct what is to be done with the bodily remains of a person after his or her death. Does the person want cremation or traditional burial? Does the person want to donate their organs to help save other's lives? Are there other ceremonial or particular things which should be done at the funeral? These kinds of questions can all be addressed through a properly written document.

Lastly, there are different laws concerning Living Wills in other states. This means that it is important to have it written in such a way that it is valid in all 50 states. It should have the proper provisions, so that it is valid whether you need a medical treatment here at a clinic in Minnesota, or other states like California or Florida. It is also helpful to the estate planning attorney to have access to the Living Will provisions of all 50 states. This way, the client can get the best possible Living Will to meet the family's needs.

When it comes to a Living Will, "one size" does not fit every circumstance. They are not created equal. They serve a vital part in a person's estate plan, and should be crafted carefully to protect you when you become disabled. It is important that these vital decisions are made when you are fully alert and aware of your choices.

Bill Peterson is a Minnesota Estate Planning Attorney with over 40 years of experience as a lawyer. He can help you plan for the future by creating a Minnesota Estate Plan. For more information, please visit http://www.mnestateplan.com/ or call toll free at 1-888-910-5297.

The contents of this article are for information only and is not to be interpreted as legal advice. For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning.

View the original article here

You Should Consider Estate Planning

Why even think about estate planning? Getting your affairs in order for your estate can create future financial security for your family, preserve your hard-earned assets for future generations, help you organize your affairs before you become incapacitated and decrease anxiety for future of your loved ones, knowing they will be well taken care of. This article will discuss several benefits of estate planning.

Be empowered to be the one to decide the ones to receive your property upon your death and the conditions under which they receive it, rather than your property descending to your heirs according the Illinois statutory scheme at your death. Given the rise in divorced, remarried, single parent and other nontraditional family lifestyles in our society, this becomes especially important. While no one has control over when and how they will depart this world, people can exert control over how their property is distributed upon their deaths. A major consideration is that by naming persons to receive your assets upon your death, you can also potentially avoid family feuds over who gets what. So many of our clients believe that their descendants would never become involved in contested legal proceedings over their estate, but unfortunately, it happens often.

Estate planning allows you the opportunity to organize your estate in advance of disability that comes with accident, illness or advanced age. Many times we meet with family members who lament the fact that mom or dad didn't "take care of things" before they lost the ability to do so. Conditions which occur over time including forms of Alzheimers and dementia, slowly rob people of their abilities to manage their affairs, and mental deterioration may not be apparent in the early stages. By the time a person realizes or acknowledges that he or she is suffering from such a disease, it may already be too late for them to competently design an estate plan or appoint representatives to act on their behalf. Be sure to effectuate your estate plan while you are healthy enough to make decisions which are effective under the law so you can develop an estate plan and appoint agents with the assistance of your attorney. This process involves identifying your assets and deciding the natural objects of the disposition of your property after death. Through the course of this process, you have the opportunity to gather all important documents evidencing your assets and obligations and organize them for the benefit of your heirs and beneficiaries. Prior organization benefits your heirs when you are gone. Even if you think you don't have much in the way of assets, it is still a benefit to you and your loved ones to organize your affairs before advanced age, illness or an accident makes doing so not practical to accomplish.

This article is intended to present general information for educational purposes, is not legal advice and should not be relied upon in connection with any particular matter. The reader is advised to immediately retain their own separate legal counsel with respect to any specific legal issue. Rights to bring a claim will expire through the passage of time by the applicable statute of limitations.

Ralph E. Elliott practices law at Law Offices of Ralph E. Elliott, A Professional Corporation which is comprised of Freeport Illinois Lawyers who have over 34 years of experience including an Estate Planning and also an Estate and Trust Administration practice. The firm is situated at 1005 W. Loras Drive, Freeport, IL 61032 which serves business, individuals and the agriculture community in Northwest Illinois.

View the original article here

How to Hire Good Estate Lawyers

Hiring a good estate lawyer is one of the most important decisions you can make in your lifetime as it may have a long-term impact on your future. Hiring a bad lawyer may see you end up in jail for a crime you did not commit or see you pay huge sums in compensation after losing a lawsuit. Selecting a good lawyer is a difficult task. Not because they are rare but because you cannot use a checklist to pin point exactly how a lawyer will perform in a specific case. The best you can do is to eliminate those with the highest chance of failing you. So how do you do this?

Seek Out a Lawyer Who Specializes In the Area of Your Interest

Lawyers usually get better with time and practice. A lawyer who specializes in your area of interest will represent you best as they have adequate knowledge in the area. This is in contrast to one who handles routine cases.

Ask For Referrals from Friends and Family

Your friends and family are bound to tell you the truth especially if you run the risk of going to prison. Usually, they would refer you to someone they have worked with or seen working.

Conduct an Online Search

There are online directories which give a list of lawyers and of law firms and their areas of specialty. Although not all are honest, it could be worth a shot.

Interview Potential Candidates

Have an in-depth discussion about your case with the potential candidates you meet. You can tell if they can handle your case from the insights they give you.

Work with Someone You Like

It is important to work with a lawyer with whom you connect. They will definitely represent you better than one whose interest in you ends once they get their pay.

Now that you know how to get a good lawyer, how do you get good estate lawyers in a law firm?

First, we should establish who an estate lawyers is and how relevant they are to you. Estate lawyers are lawyers who advise estate executors and beneficiaries on the legal aspects of property inheritance. This is a skill that is learned on the job and it takes time to become an expert estate lawyer. The kinds of matters that estate lawyers handle include: Challenges of Wills Claims of Dependent Relief Removal of an Executor Negligence by solicitors Claims of Quantum Meruit

You can clearly see that you do not need to commit a crime or get sued to require the services of an estate lawyer. An estate lawyer can actually help you when you are writing your will or when you are a benefactor of one.

There are few law firms, which concentrate fully on estate law, as it is a highly specialized area. To find good law firms, you can follow the steps we discussed earlier or simply visit various sites that review lawyer performances in the city you are looking for.

Looking for a real estate lawyer Toronto? Then visit WeltmanBernstein.ca - a leading Toronto law firm offering a full suite of legal experts including wills lawyer Toronto, house purchase lawyer Toronto and estate lawyers Toronto.

View the original article here

What Exactly Does An Estate Planning Attorney Do?

When deciding whether or not to hire an estate planning attorney, it is important to know exactly what they do and what services they have to offer. These proceedings are undertaken as a means of legally and formally preparing for future life and after-life. This can include protection of assets, health, power of attorney and much, much more. Estate lawyers and their firms work with respect to your post-life planning, while keeping you involved and informed along the way. There are several important decisions to make regarding where all of these items will go.

These professionals know the ins and outs of the court system so that all paperwork is fulfilled completely and on time. There is a formal process for carrying this legal documentation through the court system, which experienced estate attorneys will fully understand and can simplify into terms their clients can appreciate.

Estate Attorneys Take Planning To The Next Level

An experienced lawyer knows and understands all that is required so that your assets are completely protected in the case of illness or even death. Hiring an estate planning attorney that has completed cases like yours before can also speed-up the process and reduce the learning curve. Nobody wishes to spend months getting their information together should there be a serious accident in the future.

The complexity of most legal documentation is why ninety-five percent of individuals hire estate lawyers for their paperwork. Most do not wish to face the possibility of losing assets, including that of money and belongings, due to miscommunication or lack of knowledge of court procedures. All of these items are specific to each specialist, due to the work it took to acquire the knowledge. Speak to several professionals prior to hiring the one you and your family feels best suits your needs.

What Types Of Situations Do These Professionals Handle?

The types of cases that these particular legal professionals take on is completely dependent on the firm, their availability and their willingness to take on a particular planning situation. Working on the fine details of a life and after-life planning day in and day out can easily and quickly become a full time job. Therefore, it is often necessary for most of us to hand-off the responsibility to someone who can put their complete effort into it.

It's important to note that these proceedings are also an ever-changing legal process. What was legal and protective one year may have changed due to federal or state regulations the year after. To fulfill all paperwork and legal notations required can take anywhere from a few short days or weeks before everything is complete. Be patient and understand that good legal work does take time and proper filings.

What Types Of Suits Do They Not Handle?

Small suits regarding items such as traffic tickets, small family disputes and other such situations are normally taken on by general practice lawyers. For professional assistance in asset protection, contact your local estate planning attorney for valuable answers to your questions.

Peck Bloom's experienced estate attorneys in Chicago specialize in elder law and estate planning. Choose estate lawyers in Chicago that can help you plan for your future. For advice and counseling from a professional estate planning attorney in Chicago, visit the firm's website.

View the original article here

How Guardianship Lawyers Can Make The Estate Planning Process Easier

Estate planning is a vital part of getting older. Although many people believe they only need to create a plan if they're extremely wealthy, this isn't the case. If you have children, retirement accounts such as a 401K or IRA, life insurance or other assets, you need an estate plan before you die. Many people think they can handle this process themselves, however this is an extremely bad decision. By trying to plan what happens after you die yourself, you could miss out on an important document or increase your loved one's tax liability unnecessarily.

Know What Documents You Need

Do you know what a power of attorney is? How about a will? What's the difference between a will and a living will? An estate planning or guardianship attorney will know which documents are appropriate in your situation and will be able to help direct you toward the right ones. Recently, document preparation sites have popped up all over the Internet. While you might be tempted to use one of these, this is usually a bad idea. These document services are okay if you know exactly what you need, but most people can become easily confused by the different types of documents available and find that they need to consult an attorney anyway.

Reduce Your Tax Liability -- Legally

After you die, the taxes levied on your loved ones can be steep. An attorney will be able to help you disperse your wealth before you die, which minimizes the amount that your loved ones will need to pay upon your death. The laws and regulations that can allow you to reduce the tax liability can be confusing, so it's a good idea to have an attorney help you with this process. After all, if you disperse your wealth incorrectly, your loved ones could be required to pay even more in taxes, which is the opposite of what you're trying to do.

Guardianship Lawyers Can Help With Both Children And Adults

Guardianship lawyers can also help with determining what happens to both minor children and dependent adults. People today live longer and are having children later in life, which means that it's sometimes necessary to consider both minor children and elderly parents when working with a lawyer. A guardianship attorney will be able to draw up the right kind of paperwork, which protects your children and parents against having your wishes contested by guardianship lawyers working for other family members. Before having your guardianship lawyer name a specific person in the estate planning documents, make sure you talk to whomever you want to name as the responsible person. You don't want this to be a surprise sprung on them after your death.

Using an attorney to prepare for your death isn't just smart - it's a gift to give your loved ones. With so many different things to consider when planning what happens to your estate after you pass, hiring an estate planning or guardianship lawyer is an intelligent decision.

Peck Bloom is a firm of Chicago guardianship lawyers that can help clients with the estate planning process. If you need a guardianship attorney in Chicago, or you're looking for a guardianship lawyer in Chicago to contest the guardianship of a family member, visit their site to chat with a live representative.

View the original article here