A Will allows you to nominate an Executor and direct distribution of personal and real property and other investments to a spouse, children, heirs, and select charities.  A Simple Will is often sufficient, but it must be properly prepared and executed if it is to have effect.  In today’s internet age electronic data base accounts […]

A Trust is a present financial management tool that will also speak for you after death.  As such it can serve to avoid the need for probate proceedings. It can unburden you of the need to personally manage your financial affairs and give you the confidence of present financial management through a trustee, perhaps a […]

A Healthcare Directive, sometimes referred to as a Living Will, authorizes another to instruct your doctor when, in the doctor’s opinion, you are no longer to consult on your care.  You may use a Healthcare Directive to also make hospice care instructions, but that is the true role of a Living Will. Of value to […]

Everybody should have an Estate Plan.  An Estate Plan follows from discussion of the client’s needs and expectations in the management of their affairs, both presently, and after death.  Each person’s situation is unique.  Your personal needs will dictate whether your Estate Plan will include a Last Will and Testament, a Revocable Living Trust, an […]

The term “estate” refers to the property that a deceased individual left behind.  The assignment and transfer to named devisees in a Will, or heirs when there is no Will, heirs, may necessitate a probate court application and appointment of an Executor (Personal Representative).  Small estates, under $75,000.00, can often be handled outside of the […]

Probate is a court process by which assets of a deceased individual are distributed after creditors are paid.  A “Probate” court proceeding is often necessary when the deceased held real estate, stocks, bonds, or bank accounts in their name alone.  Probate takes time to ensure interested people are given notice and creditors have a chance […]

Elder Law encompasses not only estate planning, including Wills and the Probate Process, but also pre-death legal issues including medical assistance qualification, long-term care planning, and the appointment of present decision-makers through Powers of Attorney and Healthcare Directive. An Elder Law attorney, such as Mr. Kelly, will work with your CPA to address potential estate […]