Everyone can get sick and need help, everyone eventually dies. All adults, 18 years and older, should have these three essential estate planning documents. Certainly the content in these three documents can vary widely from person-to-person. Nevertheless, these materials help avoid expensive court proceedings and ensure your wishes are respected.
Guardianship: You could fall ill or have an accident leaving you incapacitated for a week, month or years. Petitioning the court for a Guardian becomes necessary if you have not executed a Power of Attorney giving an Agent authority to act for you financially, or a Health Care Power of Attorney giving an Agent authority to make medical decisions.
Intestacy, Having No will at Death: If you have no plan, then your assets pass under the State’s plan. Also, without a Will, there are no protective trusts. Further, your spouse or your children may receive more or less than you intend, leaving your wishes disregarded. The Intestacy Rules do not take your wishes into consideration. A Will allows you to craft a plan that reflects your real desires.
#1 The Will: Without a Will, the state decides where your assets pass at death. The State provides no protective trusts and disregards your wishes. Ensure respect for your wishes with a properly drafted Will. A well drafted Will also provides for your child’s care. Here are some examples of typical Will provisions.
#2 The Financial Power of Attorney:. If you are incapacitated, the Durable General Power of Attorney appoints the person or persons who manage your assets. Without this document, your family is forced to file for Guardianship. The court is free to select the Guardian, who might not be a family member.
#3 The Medical Power of Attorney and Living Will: In a Medical Proxy and a Living Will you choose the person who will make your medical decisions if you are ever unable to act yourself. This person has the right to select your doctor and your treatment. Further, this surrogate has the right to refuse medical care. You should pick this person who will carry out your wishes. You must also communicate clearly your wishes to your surrogate.
If you have any questions about these 3 essential estate planning documents or any other estate planning topics, feel free to contact us to schedule a free consultation. For more than two decades Klenk Law has focused only on Estate Law. We’ve seen it all, and this experience allows us to explain complex estate planning techniques clearly and concisely. We make it easy for you to understand the essential estate planning documents so you can make the best decisions for yourself and your family.
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
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Flora Novick
Very knowledgeable! Peter Klenk always has a thorough answer, and the associates have more experience than you'll find at most firms. They really only do estate work.
Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!
Peter Klenk was great in leading us in the estate planning process.He was clear in describing the various steps and what they would accomplish. We were well satisfied and pleased that we had Peter to guide us.
Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.
Peter has done our family's trust and estate work since our children were born. He is not only extremely knowledgeable and honest but makes sure that our arrangements remain current with the changing legal landscape. I would give him my highest recommendation as a professional in his field.
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