
We offer fixed fees for all of our estate planning services, depending on the level of service that suits your needs. You choose the level of service, and therefore you also choose your fee. We offer several estate planning packages with different levels of service. For more information on our fees or any of the topics discussed below, please contact our office. We are happy to help you with your estate planning needs.
A revocable or "living" trust is a trust you set up and retain control over during your lifetime. While you are alive, a living trust will provide for your needs during any periods of incapacity. Once you pass away your revokable trust will avoid probate and distribute your assets as directed by you.
A will won't help you in case of incapacity, but it does dispose of your assets after you pass on. Unlike a living trust, a will has to go to a probate court to be administered, which usually means hiring a lawyer to represent the estate, and having to pay court costs to have your assets administered after your passing. Furthermore, your will becomes a matter of public record and your personal representative, the persons who you designate to administer your probate estate, has to file an inventory of your estate with the court before the estate can be administered. This solution may work for some folks, but generally speaking most people prefer to avoid probate. Ask us about how a pour-over will works with a revocable trust to provide additional privacy and protection for your heirs.
A durable power of attorney will allow someone else to act in your shoes in the event that you are incapacitated; however, a durable power of attorney is only valid while you are alive. It does not help your heirs after you have passed. While we recommend everyone have a durable power of attorney as part of their estate plan, a durable power of attorney is only part of your estate plan. When used in conjunction with a living trust and other estate planning documents, a durable power of attorney becomes a helpful tool in your estate planning toolbox.
A living will, sometimes referred to as an advanced healthcare directive, tells your loved ones and medical providers what your wishes are for end of life medical care. If you do not want to artificially prolong the process of a natural death and you want to avoid being artificially kept alive, you need to have a living will.
A Health Care Surrogate Designation is essentially a medical durable power of attorney and an authorization to disclose protected health information ("PHI") under HIPAA, the federal medical privacy law. Having a Health Care Surrogate Designation allows for a greater level of privacy, since unlike a durable power of attorney the health care surrogate designation doesn't include a grant of powers over financial accounts and other assets, thereby keeping things on a need to know basis when it comes to keeping your health care decisions and financial information separate.
This is one of several key services that sets Personal Family Lawyers apart from other estate planning attorneys. What would happen to your minor children if you and your spouse were incapacitated, or worse? If you don't have a Kid's Protection Plan in place, your children may end up in state custody or they may be placed with a family member that you would never want raising your children. With a Kid's Protection Plan in place, you can rest assured that your children will be taken care of the way you want without undue interference from state child protective services or the judicial system, which is the last place you want important family decisions being made. Don't risk it, get a Kids Protection Plan in place right away!
We offer a free 15-minute consultation. We call it a 15 minute discovery call. You can schedule your 15 minute discovery call by using our online calendar on Calendly (see link below) or you can call the office at (786) 231-1105 to schedule your 15 minute estate planning discovery call. Don't delay, call today!
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