Estate
planning is the process of
accumulating and disposing of an
estate to maximize
the goals of the estate owner.
The various goals of estate
planning include making sure the
greatest amount of the estate
passes to the estate owner's
intended
beneficiaries, often
including paying the least
amount of
taxes and avoiding or
minimizing
probate court
involvement. Additional goals
typically include providing for
and designating guardians for
minor children and planning for
incapacity.
The tools
involved in estate planning
include the
will, various types
of
trusts, beneficiary
designations,
powers of appointment,
various forms of property
ownership (Joint
tenancy with rights
of survivorship, tenancy in
common, tenancy by the entirety,
etc), gifting, and
powers of attorney,
specifically the durable
financial power of attorney and
the durable medical power of
attorney. After widespread
litigation and media
coverage surrounding the
Terri Schiavo case,
virtually all estate planning
attorneys now advise
their clients to also create a
living will. Note
that many people (and even some
attorneys) confuse a living will
with a durable medical power of
attorney. The former controls
solely those decisions that must
be made at the end of the
patient's life, while the latter
is used to give decision-making
authority to someone else
(usually a family member or
close friend). This person, the
attorney-in-fact,
then makes all medical decisions
leading up to the person's
death, but has no such power to
make end of life decisions for
the patient. Those decisions are
made by the patient in the
living will; in the absence of a
living will, and where the
patient is incapable of making
end-of-life decisions for him or
herself, such choices are left
to family members.
Custom Mortgage, L.L.C. 2004-2012
License exempt in many states. Call to see if we can do a loan in your state