When you are alive and happily leading your life, you don’t have any concerns about what might happen to your assets if you are not there to own them. This isn’t carelessness, this is an oversight that can be avoided. Estate planning is what mitigates all the feuds between your beneficiaries and everything bad that is going to happen if you’re incapable of owning your assets. To efficiently carry it out, there are estate planning attorneys that can help you in devising documents and can carry you through the whole process without letting you delve into many complexities.

A probate lawyer is all you need if you’re finally thinking about naming your beneficiaries. However, before hiring any of them, make sure he or she doesn’t only focus on the documentation after your death, but also during your life.

There are six basic estate planning documents that any attorney or lawyer would carry you through.

1. Last Will and Testament

While others might tell you that proper planning contains only trusts (explained below), we stress the importance of the last will and testament in guiding the process of asset ownership. Your will is the most basic document that decides whether your assets would do in the direction of the trust or not after they experience probate. Therefore, making it a part of your plan is necessary.

2. Trusts

This category of documents includes two types:

Revocable living trust:

It is a document that can allow a family to avoid any kind of probate and directly be the head figures of control over the property left by you.

Castle Trust:

Besides immunity against probate and control of the assets, the castle trust also gives protection to the assets of the person who creates it; thus, protecting him or her against lawsuits.

3. Power of Attorney (POA)

The above-stated two types of documents are mainly used for after-death decisions. However, when it comes to regulating or appointing someone as your replacement during your ailment, Financial Power of Attorney can enable you that. It is a document that gives the power of making financial decisions, paying bills, and manage other assets to the one that has been appointed instead of you.

However, upon the death of the owner, the scope of this document diminishes completely. Only then, your will and the trust would come into play.

4) Medical Power of Attorney (MPOA)

Also called a patient advocate designation, the medical power of attorney is a document that grants someone the power of taking medical decisions instead of you.

The life-span of this document is just like the one explained above, it finishes with the death of the owner.

5) Personal Care Plan

Having POA, or MPOA are two necessary things when you are ailing or are near to death. However, it is paramount for you to first draft out a personal care plan that includes instructions based on your intentions to guide how the two documents would work.

6) House Deed

Lastly, there is house deed. It is a document that legally proves the ownership of your house. Although they are in the public land records, they offer complete guidance on the fate of your property after you are no more.

As you can see, estate planning overall is fairly complex.  You should know that even a single mistake in the overall process can prove unhealthy for your beneficiaries. Therefore, if you want the future of your assets to be secured, all you’d have to do is hire an estate planning attorney or a probate lawyer in Michigan.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols, call 734.386.0224 today.

We have all seen it on TV or heard about a well-to-do individual who unexpectedly dies without leaving a valid will, trust, or estate plan consequently leaving the court to dictate how the deceased’s assets are distributed to his or her living heirs. When individuals pass away without leaving an official will, their property or estate must be distributed according to the rules of intestacy where only married, civil partners, immediate children or some other close relatives can inherit the property.

Protecting Your Assets

However, if someone has a will, but it is not legally valid, probate will decide how the assets are divided and not the wishes stated in the will. Which is why you need an estate planning attorney who can help you in creating an estate plan, among other things such as avoiding probate and reducing estate taxes. It is also important to seek the advice of an estate planning attorney to ensure that your beneficiaries are protected from creditor problems, bad decision making or outside influences.

Having someone in charge after you die will also protect your assets from unexpected creditors and go a long way towards avoiding family feuds and costly probate court proceedings. It’s important to have probate lawyer so that your family members can have some security in the event of your passing, especially when you fear that disputes may arise from the disposition of property.

After all the, it is the probate lawyer who prepares and files a petition for the final will distribution. He or she can also liaise with your attorney to handle non-probate issues that require legal attention, such as obtaining payment of life insurance, payment of annuities as well as handling subsidiary probate if any property is owned in another state.

Common Estate Planning Myths:

Are you a victim of the following estate planning myths and misconceptions?

I’m Too Young for Estate Planning

Someone as young as 20 years can have a will. Therefore, starting your estate planning while you’re still young and keeping it updated regularly will keep your assets free from legal complications in the event of incapacity or death.

I Don’t Need an Attorney to do Probate

You do because the procedural requirements for probates are complex and handing the task of preparing a detailed estate plan to a personal representative will alleviate an enormous burden on you. Besides, your estate planning documents rendered invalid due to errors when you do it yourself.

I’m not Wealthy

All adults who have children or own any property or assets should plan for incapacity and death regardless of the value of their estate.

The Court Can Correct a Bias Will

Even if a will benefits one person or sibling more than the other, the court is not authorized to revise a deceased Will provided he or she executed a valid will in the first place. You may also have a revocable living trust, however, making a will is the best way to transfer guardianship of minors.

Contact Us

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols, call 734.386.0224 today.

Individuals with children usually create an estate plan as the result of advice from financial advisor and estate attorney.  This is due to a sense of urgency and need to ensure there is a laid down plan to cater for the needs of their children in the event of an untimely demise. On the other hand, those without children tend to ignore the importance of having an estate plan, either because they feel it is not necessary or because they feel there is still a lot of time. Whatever the case, it is still importance to create an estate plan that will ensure the protection of your valued assets before and after your death.

You Determine Where Your Assets Go

When you are married with children, it is easy to solve the puzzle of who controls your assets even if that must be settled in court. However, if you fail to create an estate plan, you would be allowing the government to decide what to do with your assets when you pass away. The state courts will determine what happens to your assets in this case dying intestate. Even if you may not have children, you may want to share some of your valued assets with a charitable organization, religious body, a local support group, a foundation you create to award deserving students with scholarships, and other incentives. This will only be possible when you create an estate plan.

Crucial Medical Decisions

In the event of a car accident or a sudden illness that leaves you in an unstable condition, unable to decide the best medical procedure you prefer, you would want someone that can stand in. If you have an immediate family member or children, this responsibility easily falls their way. However, in the absence of an immediate family and without any healthcare directives or information regarding your willingness to accept certain procedures such as donation of organs, specialists are required to carry out only the typical medical care to sustain life. This procedure may involve keeping you on life-saving machines which could massively affect your hard-earned assets. You can never tell tomorrow’s possibilities, so it is important to create an estate plan as it can prevent a catastrophic situation in future.

Choosing a Professional

Although it is possible to create an estate plan without the help of a legal source, it might be ideal and in your best interest to work with an estate planning attorney to ensure the security and legality of the document and to avoid any issues in future. Even if you do not have children, an estate plan is an invaluable asset to make sure your desires are known.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols, call 734.386.0224 today.

Don’t have an estate plan for your estate? Are you under the impression that such plans only exist for those with large estates that are well off? If this is your assumption it is false and holds no merit. In fact, an estate plan is the best thing you can do, no matter how large or small your estate is, to ensure the safety of your property, and the well-being of your loved ones. An estate plan is the best way to protect your assets from probate laws. In fact, not having an estate plan subjects your property to several risks and hazards. The following are a few harmful risks of not having an estate plan:

Asset Distribution

The main aspect of a will, trust, or an estate plan is asset distribution. With your estate plan you can tell your family and the law just how you want your property to be divided. If you do not declare the method in which your property is supposed to be divided, the court simply passes on the property to your closest relatives, spouse, and children respectively. This can lead to a number of conflicts arising amongst your family, especially if you have been married more than once or if you are divorced. Thus, to ensure that your assets are properly distributed you need to make an estate plan.

End-of-Life Care

An estate plan is not just concerned with property and asset distribution, it can be utilized for dictating your healthcare during your final days or during illnesses. Often, many people are incapacitated by illnesses in their final days and cannot properly make their opinions and demands heard. Using an estate plan, those affected by illnesses such as Alzheimer’s can dictate their family and friends and let them know their wishes through power of attorney. An estate plan ensures that you are not helpless and that you dictate your life even at the very end.

Challenges caused by probate laws

Probate laws deal with the changing ownership of property and every single dealing that goes into the changing of owners. Without an estate plan, the probate courts will seize your property and subject them to probate laws while your heirs helplessly look on. With an estate plan you will be able to give a proper outline or blueprint about how your property is supposed to be handled. Wills and estate plans might not exempt your assets from estate laws but forming trusts can. The execution of a trust as part of an estate plan is a huge step in ensuring your heirs get what you want them to.

Don’t have an estate plan yet? If not, you should get one as quickly as possible. We never know where life might lead us, and it is better to be prepared for adverse occurrences beforehand. Create your estate plan immediately to make sure that your assets are handled the way you want them to. An estate plan helps you dictate your own life right to the very end.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols, call 734.386.0224 today.

In order to pass your estate along to your deserving heirs it is important that you choose a family law attorney to help you draw up an estate plan to avoid extra taxes and probate when you do pass.  An experienced and trusted estate planning lawyer will help to ensure that your assets are distributed properly upon your passing.  They will also be an important part of putting in place a medical power or attorney, POW, just in case you become unable to make decisions regarding your care before your passing.

The process of finding an attorney that is qualified to help you can bequite daunting.  It is however impertitive to the success of transferring your assets upon your passing.  The right attorney will not let you make the mistakes that many people commonly make when creating an estate plan.  There are serious blunders that can be made that should be avoided to create an easy transition of estate upon your passing or if you should become incapacitated and are unable to make decisions for yourself.

Avert Common Misconceptions

Many people think that hiring the services of an estate planning lawyer is only for the rich and affluent.  This however is so far from reality.  Proper preparations for distribution of properties is essential.  Everyone has assets of one kind or another be it real estate, investments, personal belongings,and more.   You do not have to be rich in order to own assets that you will want distributed to your family without the hassle and expense that can come from probate.

Regardless of your financial assets, it is beneficial to have an estate plan in place to distribute your assets.  Asset distribution can be more efficient using a professional lawyer.  An attorney can help reduce the taxes to ensure a smooth transition of these assets to your beneficiaries. The idea is to make sure that your properties are transferred according to your wishes and not determined by a court.

Initial Arrangements

When seeking an estate planning attorney, there are certain things you would want to ask first. Know what the service charges are and what are the best proceedings in place to be applied to reduce tax requirements. Also, check to see if there are any apparent problems with your wishes among the beneficiaries and how best to make these arrangements.

A will or trust may be needed to be updated after the initial draft of your estate plan. So, make sure that you understand about the process. Your lawyer should be provided as much information as possible, which will make it easier to prepare your estate plan. Discuss your bank account information, insurance, pension and retirement plans, debt list, etc. with the attorney during the process.

Seek Attorney References

The best way to look for an estate planning lawyer is to ask for references. Use the help of attorneys, financial advisors, or even the local bar association to find out about professionals near you. Look for advertisements that offer relevant information. A good resort can be to look up online and visit the websites of local attorneys in your area. Professional attorneys will have a proper website with adequate information regarding their service. You may even find testimonials of satisfied customers that have sought real estate planning of their properties.

The power of a good estate planning attorney will help plan your assets well for the time when it comes to distributing your properties among the beneficiaries. A specialist in the field will be the best choice for the job.

Benefits of Gifting Assets

One of the most prominent benefits of segregating your properties is to reduce estate taxes. Once these assets are distributed, they cease to hold against the value of the estate. Hence, taxes levied are comparatively much less. Another advantage is that a capable attorney will remove the hassles that your beneficiaries may have to bear related to paying taxes, litigation, and other additional expenses.

The biggest benefit however is the peace of mind that the asset owner gets by appointing an estate planning lawyer to handle the task of distribution. Knowing that your beneficiaries will not have to face tedious legal issues to claim their rights will be quite a relief.

By incorporating a proper will in place with the legal documents to specify the rightful heir to your property, you will be able to receive the opportunity to determine who acquires which of your assets. An estate planning attorney will help you greatly in the process so you can be rest assured that your belongings get distributed in the proper way as per your desire.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at www.seanjnichols.com.  To contact the offices of Sean J Nichols, call 734.386.0224 today.

Managing legal issues of any kind can be difficult but especially those dealing with the passing of a loved one and probate.  The issues that can arise in these situations often cost a good deal of time and money to establish their outcome.  Although these situations should be avoided with an up to date estate plan in place this is not always the case. We get busy and what was once true and current can often become dated and murky.

Estate Planning Attorney

Hiring an attorney that specializes in family law while focusing on elder care, estate planning, and probate law can often help in ensuring that upon your passing your estate is distributed without issue.  However, if there is an issue they will understand how to help your family to avoid time consuming, costly legal battles.

To avoid issues that can arise upon your untimely passing or inability to take care of yourself any longer you need to have an updated estate plan in place.  There are a million and ten reasons that an estate plan can become outdated therefore it is important going into a new year to look at what is in place and make the updates that are needing.

Life Is Full Of Change

There may be major reason in your life including changes in the law, family changes including divorce, marriage, death and more, personal decisions, and more.  Documents within your estate plan also can become outdated.  Another scenario that often comes up are with the sub trusts and the federal tax exemption and portability which are a new concept.

Federal tax is assessed on the descendent and their estate for any amount larger than the exemption that is allowed upon death.  The estate and gift tax exemption for 2017 is 5.49 million per individual.  It is also important to think about relationship changes within the family; were there any marriages, divorces, births, deaths, adoptions, and so forth.  These changes to your family should be accessed and modified as seen fit.  Keeping an up to date, crystal clear, plan for your estate will ensure an easier transition for your family upon you passing.  The last thing that people want during the grieving process is to process issues arising from improper planning.

Updating Your Legal Documents

There are several reasons to update wills and trusts, estate plans, beneficiary information, and so forth.  No one likes to think about it, but your passing can happen without any notice.  In case of your untimely passing it is important to ensure that estate ends up in the hands of the beneficiaries you desire.

To guarantee that this is the case it is important to have a plan in place that is regularly reviewed and updated by an attorney specializing in family law and estate planning.  Having an attorney that is up to date on the current laws regarding inheritance, real estate, transfers of ownership, and the working of the courts in all things related to probate as they can make sure the documentation is valid and the changes that are completed are done so according to local and federal laws.

There are times when you have in your mind about changing the estate plan but due to your ignorance you do not complete the task. In such situation if a serious condition or death occurs then it becomes difficult to manage your estate plan. It is always important that you never let anyone know what you want them to have and simply get it done to the estate documents.

Make Yearly Reviews A Necessity

It is important to make changes as you see fit however we all know how life gets in the way.  Make sure to get in at least once a year around the New Year without exception.  There is no meaning in waiting for the time to come. It is important that you complete this task as quick as it is possible for you so that you get peace of mind. If you are not having a plan, then you should meet your estate planning attorney in New Year and plan. You should get the documents ready as soon as possible. If you have assets, then you should get some beneficiaries added to it.

Learn more about attorney Sean J. Nichols and the legal services he provides for clients including: estate planning, elder law issues, Medicaid planning, elder care, probate law, guardianships, and power of attorney (POA) at http://seanjnichols.com/estate_planning.  To contact the offices of Sean J Nichols, call 734.386.0224 today.