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Estate Planning 101 - What You Need to Know

Posted by Noah Sarkauskas | Feb 02, 2023 | 0 Comments

Estate planning is the process of organizing your financial and legal affairs so that your wishes are carried out after you pass away. It is an important part of protecting your assets and ensuring that your loved ones are provided for. However, many people may find the process of estate planning overwhelming. This blog post aims to give you a basic understanding of what you need to know to get started with estate planning.

Understand Your Assets and Liabilities:

Estate planning starts with understanding what you own and owe. This includes your property, bank accounts, stocks, bonds, and other financial assets, as well as any debts or liabilities. It is important to have a clear picture of your financial situation in order to develop an estate plan that aligns with your goals and objectives.

Determine Who Will Inherit Your Assets:

One of the most important decisions in estate planning is deciding who will inherit your assets. This includes identifying the individuals or organizations that you want to receive your assets after you pass away, as well as determining how they will receive the assets.

Determine If You Need Asset Protection:

There are several factors to consider when determining if you need asset protection. If you own a business, have significant assets, or are at risk of being sued, you may benefit from asset protection. Additionally, if you are a high net worth individual, have a high-risk occupation, or live in a litigious state, you may also benefit from asset protection.

If you are unsure if you need asset protection, it is important to consult with an experienced estate planning attorney. They can help you assess your risk and determine the best course of action to protect your assets.

Plan for Incapacity:

As part of your estate planning process, it is essential to plan for the possibility of incapacity. This means designating someone to manage your finances and make health care decisions on your behalf in case you are unable to do so yourself.

Consider the Potential for Probate:

Probate is the legal process of transferring a deceased person's assets to their heirs or beneficiaries. It can be a time-consuming and expensive process. It's worth considering ways to avoid probate by utilizing tools such as trusts.

Review and Update Your Plan:

Estate planning is not a one-time event, and your plan should be reviewed and updated as your needs and circumstances change. This is especially important if you experience a significant life event, such as a marriage, divorce, birth, or death of a loved one.

Choose the right attorney:

Estate planning is a process that requires the assistance of a knowledgeable attorney. At Heritage Law Office, our attorneys have experience in estate planning and can help you navigate the complex process, and ensure that your assets are protected and your wishes are carried out after you pass away. Contact Heritage Law Office today to schedule a consultation and take the first step in creating a comprehensive estate plan.

Estate Planning Documents:

Wills:

A will is a legal document that outlines how you would like your assets to be distributed after your death. It can also name guardians for your minor children and can set out other specific wishes you have for your estate. It is important to have a will in place to ensure that your assets are distributed according to your wishes and not the default laws of the state.

Trusts:

A trust is a legal entity that can be created to hold and manage assets for the benefit of another person, known as the beneficiary. Trusts can be used for a variety of purposes, such as tax planning, asset protection, and special needs planning. They also allow for distribution of assets over time and can help avoid probate.

Power of Attorney:

A power of attorney is a legal document that gives someone else the authority to make decisions on your behalf in the event you become incapacitated. This could be a financial power of attorney, who can make financial decisions on your behalf, or a health care power of attorney, who can make medical decisions on your behalf.

Living Will:

A living will is a legal document that states your wishes for medical treatment in the event that you are unable to communicate them. It can include directives for life-sustaining treatment, organ donation, and other medical decisions.

Reviewing and Updating Your Plan:

It is important to review and update your estate plan as your circumstances and needs change. This ensures that your assets are protected and your wishes are carried out in case of unexpected events.

Contact an Estate Planning Attorney Today!

Estate planning may seem overwhelming, but by understanding the basics and working with an experienced attorney, you can ensure that your assets are protected and your wishes are carried out after you pass away.

Contact Heritage Law Office today by calling 414-253-8500 or by sending us a message to schedule a consultation and take the first step in creating a comprehensive estate plan.

Bradley J. Sarkauskas, Attorney-at-Law

About the Author

Noah Sarkauskas

Bringing technology, automation, machine learning, and a systematic approach to the legal world, Noah Sarkauskas is making the legal field significantly more efficient. Noah leverages technology to complete your legal work in a significantly quicker and more time-efficient matter while simultaneo...

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