Friday, September 17, 2010

Starting Our Approach

You cannot live without the lawyers, and certainly you cannot die without them.
- Joseph H. Choate

How does your attorney decide what estate planning documents you need? Many attorneys sit down with you for half an hour, ask you a series of questions, fill out a form, and make your estate plan based on that form. After you leave, they give the form to their legal assistant or law clerk. That individual takes the form, plugs your information into the will template that best suits your situation, and contacts you to set up a will signing.

Estate planning questionnaires are all over the internet.  They contain information ranging from personal identification (name, address, phone number) to chosen heirs and beneficiaries. But there is one noticeable item that is missing from the majority of those forms: your goals for your estate plan. What do you want to accomplish by creating an estate plan?

Most often, people want to avoid paying taxes. However, there are many other reasons to create an estate plan. An estate plan can:

  • Name a guardian for your minor children;
  • Give direction to any guardians you name or who are appointed;
  • Name a custodian for the property inherited by a minor child;
  • Provide for unborn beneficiaries;
  • Make it incredibly risky to challenge the will's terms;
  • Name a specific executor;
  • Give instructions in the case of the simultaneous death of your spouse;
  • Impose conditions which your heirs must meet before they inherit;
  • Provide for the continued operation of a family business;
  • Make funeral arrangements; and
  • Make post-mortem gifts to charities;

These eleven items are just a scratch on the surface of the options you have in your will. A simple questionnaire couldn't possibly cover or include every single option. That's why we take an organic approach to estate planning.

We use our initial (no charge!) interview and consultation to determine what you want your estate plan to do for you and for your heirs. By having a conversation with you about your goals, we can better determine which of the six essential elements will most efficiently accomplish those goals. We have found that this more organic approach to estate planning allows us to more effectively accomplish our clients' objectives. Increased effectiveness means happier clients!

Now, if you will please make sure your seatbelts are on and your tray-tables are in the upright and locked position, we are preparing to land.

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Lawyer Joke of the Week:

Q: Have you heard about the lawyers’ word processor?
A: No matter what font you select, everything comes out in fine print.

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Disclaimer:

Although The Huizenga Law Firm, P.C., provides estate planning and elder law services, the information provided here should not be relied upon for legal advice as it is general in nature. Neither reading this blog nor posting comments on it will create an attorney-client relationship. Any desired legal advice should be sought via direct, private communications with an attorney.