Have you been putting off that estate plan? Never even made a will? Preparing for big life changes? Call North Star Legal Services LLC to get personalized assistance from a local estate planning attorney in the comfort of your home.
Everyone needs estate planning eventually; it is a reality no one in Pennsylvania can escape. Many try, however, and put off estate planning to avoid thinking about death or incapacitation. Sometimes this works out all right, as they get around to it before it is too late. Many who try it in Lancaster County, however, will not be so lucky.
When you do pass on or become incapacitated and unable to make decisions, your family will have to go to court to handle your affairs. Whether that is probate court for your estate or family court for a guardianship, procedures can take time and lead to costly conflicts among those you love. Do not send your loved ones to court; get your estate planning done now. It is a lot easier than you think.
If you have been putting off your estate plan because it seems difficult, inconvenient, confusing, frustrating, or boring, one Lancaster estate planning and probate attorney may have the perfect solution. In addition to this handy estate planning guide to help you get started, Tom McGlaughlin of North Star Legal Services LLC in Elizabethtown often does household calls and consultations if you need a friendly presence to help you further understand the process.
It can be tempting to think of estate plans as dramatic gestures by wealthy aristocrats or tools for the wealthy and powerful to protect their fortunes. These are, after all, the way we most often see estate planning presented in movies and fiction. The truth is that you, I, and everyone you know can benefit from estate planning measures. Or rather, our families will.
While we will not be around to see it, our worldly possessions, properties, assets, and even our debts will be divided and distributed during the probate process. Without an estate plan in place ot determine how they are distributed, you give up all control over that process, leaving it to the government, or for your family to fight over in court.
Some of us, however, will not have easy passings and may spend months or even years incapacitated after a serious accident or due to an ongoing illness.
This can happen at any age, and, even if it is temporary, someone has to be able to make the crucial financial and medical decisions for you during this time. Estate planning, as you will see in the list below, gives you the tools to choose and empower certain relatives or even friends to do so; if you do not, then they will need to go to court first.
Treat this list as a checklist, which you can print off and tick (or not) according to what estate planning tools you already have in place. If you are missing at least one or have them but have not updated them to reflect the reality of your life, then it is time to call an estate planning lawyer before your affairs get to probate.
A last will and testament is the heart of your estate plan; it is used to express your wishes for how your worldly possessions, modest as they might be, are distributed to relatives, loved ones, friends, or even churches and charitable causes you wish to support.
This is the estate planning document that will go through the probate system, so you want to be sure it is entirely in order and free of errors. Mistakes or oversights could lead to complications or cast doubt on its legitimacy.
Inside the will, you can also find:
If you have young kids, or are planning to, your will should include your preference for who will care for them if you and their other parent cannot. While this preference is not automatically enforced, the court that decides their fate will take it strongly into consideration.
These are the critical documents that entrust your financial decisions or healthcare decisions to someone else when you are incapacitated or unable to make them. They can be general, covering a wide range of decision-making powers, or specific, confining them to only be able to decide on limited predetermined areas. Your estate plan should include both:
They can, but do not need to be the same person, and each one should also include backups in case the designated person is also unavailable.
A power of attorney makes sure someone can make decisions for you, but you might prefer to make at least some of those decisions for yourself in advance. This can be done for many medical situations with an advanced medical directive. For example, if you want to avoid being put on life support and prefer palliative treatment only, you can express this in the directive, such as with a do-not-resuscitate order, and medical professionals will be legally bound to follow your wishes.
North Star Legal Services LLC | Pennsylvania Estate Planning Done Right
How is your estate planning checklist looking? If you have left anything empty or are worried about a will or other element not being up to date after a big change, you should feel free to call (717) 990-7178 or reach out online to set up a consultation.
Unlike many attorneys, Tom McGlaughlin of North Star Legal Services LLC regularly makes house calls to discuss your situation, needs, and goals, so that you can feel comfortable and confident working on these vital documents.
Estate planning documents that, when done right with the help of a skilled lawyer, will protect your wishes, loved ones, and legacy.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.
