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Your Estate Planning Options


WILL PLAN Includes all of the documents below. It is designed to address issues of mental disability and provide a set of guidelines for your Personal Representative to follow to distribute your assets post-mortem.

BASIC TRUST PLAN Includes all of the documents below plus a revocable trust. This plan is designed to avoid the cost, aggravation and delay of dealing with the probate court. Since the assets pass outside of the probate court, your assets are kept private and not disclosed to the general public. You determine the rules that the trustee must follow in distributing the assets. For example, your assets may continue to be held in trust until your children attain certain ages. A one year enrollment in Legal Directives is included.

ENHANCED TRUST PLAN Includes all of the documents below plus revocable trusts that not only avoid probate, but also incorporate advanced estate planning techniques to minimize estate taxes. This plan is designed for families who have a combined net worth of over $1million (including life insurance). A two year enrollment in Legal Directives is included.

PREMIUM TRUST PLAN Includes all of the documents below plus trusts designed for advanced estate planning objectives. These trusts include, but are not limited to, Medicaid Asset Protection Trusts, Special Needs or Supplemental Needs Trusts, Business Succession Plans, Charitable Remainder Trusts, Creditor Protection Trusts and Irrevocable Life Insurance Trusts. A five year enrollment in Legal Directives is included.

ALL of our Estate Plans include:

  1. Durable Power of Attorney- giving your named agent the right to make financial decisions and to execute financial documents on your behalf, even if you were to become incompetent.

  2. Health Care Proxy- giving a person that you chose the right to make medical decisions on your behalf if you are unable to do so yourself.

  3. HIPAA Authorization- giving hospitals and other medical care facilities the authorization to share medical records with the Health Care Agent named in your Health Care Proxy (and other people that you select).

  4. Living Will- giving your named agent the right to terminate your life if you are on life support.

  5. Will Summary- a “plain English” summary of each paragraph of your will with an explanation of why it is there and what it does.

  6. Last Will and Testament- nominates a Personal Representative (formerly called an Executor) and gives that person a clear set of rules to follow in distributing your estate to your loved ones.

  7. Personal Property Memorandum- a list of items that you leave with your Last Will and Testament gifting certain pieces of personal property to the people named on the list.

  8. Homestead Declaration- a protection for your primary residence against creditors.

  9. Enrollment in Legal Directives- a Medical Information Card with emergency contact information and log in information to access your own private online document storage portal, allowing for quick access to your health care documents (Health Care Proxy, HIPAA Authorization and Living Will). (Not included with Will Based Plans).

  10. Estate Planning Binder- your original documents will be delivered to you in an elegant three ring binder, with each document tabbed for simplicity and easy access.

  11. USB Drive- copies of your documents will be scanned and placed on a USB drive for easy access.

Creating and developing a proper estate plan is critical. Whether your concern is avoiding probate, minimizing estate taxes, protecting assets from creditors or planning for the possibility of nursing home care, our experienced attorneys will work with you to design and implement a plan to accomplish your goals.

Don’t wait until the last minute or until it’s too late. For personalized attention and care, contact the attorneys at Simmons & Schiavo, LLP to schedule a free consultation.