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Why Choose Our Lancaster Estate Planning Lawyer?
Have you thought about who you wish to leave your assets to when you die? Have you considered what you want your end-of-life care to be like, or who should make medical decisions for you if you are incapacitated. While these are not necessarily cheerful thoughts to have, putting estate planning documents in place to prepare for the future not only provides you with a peace of mind, but your loved ones with the ability to accept your assets without an expensive legal hassle involved. A Lancaster estate planning lawyer can assist you in creating a thorough and up-to-date estate plan.
What Is Estate Planning?
Even if you aren’t a millionaire, you have an estate, and it consists of everything of value that you own, including your car, home and other property, business, bank and retirement accounts, and personal possessions. Estate planning is the act of putting a series of documents in place in order to designate individuals or organizations to whom you wish to leave your estate upon your death. However, a good estate plan provides even more benefits, including allowing you to leave instructions for your care and financial affairs if you should become incapacitated. A thorough estate plan also includes provisions to provide for family members with special needs without impacting the benefits they are able to obtain through government programs, and minimizes the taxes and costs associated with your beneficiaries accepting your assets.
When Should You Start Estate Planning?
Unfortunately, no one knows what is going to happen in the future or when that future will begin. Individuals often delay estate planning because they think they have plenty of time to worry about it when they’re older. However, if they become incapacitated or die before putting an estate plan in place, the state will appoint a guardian to oversee your care and divide your assets according to intestacy laws, often through a probate hearing, without consideration to what your desires for your assets and your end-of-life care.
The Most Important Documents For Your Estate Plan
A last will and testament is generally the first document generated in an estate plan and one of the most important, as it names an executor to oversee the distribution of your estate. This document also provides instructions on how you would like to have the assets divided and names the individual you want to care for your minor children in the event of your death. Other important documents include:
- A durable power of attorney: This document designates an individual who you want to make financial decisions on your behalf if you are incapacitated.
- An advance medical directive: This document appoints a healthcare agent and creates a living will that will help guide the medical decisions your family members and health care providers make on your behalf, including how and when to proceed with medical treatment.
- A revocable living trust: This allows you to place your assets into a trust to be distributed upon your death without the need for probate.
It is worth noting that the most important and impactful documents you can have in your estate plan are those that are regularly updated to reflect all of the big changes, such as getting married or divorced, or having a child.
Do I Need A Lawyer For My Estate Plan In Lancaster?
Obtaining the guidance and services of a Lancaster estate planning lawyer is crucial for ensuring that you have the documents in place and regularly updated so that when the time comes that these documents are needed, your affairs are in order and clear instructions are provided as to your wishes. Your Lancaster estate planning lawyer can also help you obtain tax benefits through your estate plan or to ensure that your beneficiaries are able to receive these assets in as inexpensive and stress-free way as possible.
Let an experienced estate planning attorney help you prepare for your future by ensuring that you have the required estate planning documents in place. Contact us for a consultation.
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Check Out What Our Clients Are Saying… That’s What Really Matters!
I worked with Polly to update my will and create a revocable trust… The entire process went very smoothly. I highly recommend Polly Tatum and her staff. They are all very professional and friendly people.
Cynthia D.
Worcester, MA
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Elder Law
As people age, they may face different legal challenges than when they were younger.
Medicaid Planning
As your golden years approach, it may be time to consider many of the aspects of your future.
Estate Planning
When it comes to estate planning, there is no one-size-fits-all solution.
Probate
When you lose a loved one, the last thing you want to deal with is the legalities of their estate.
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Questions or Schedule An Appointment?
Call Us: (508) 795-1557
Frequently Asked Questions
What Can An Estate Planning Lawyer Do For Me?
Estate planning lawyers can help you with a wide variety of legal matters, including wills, trusts, probate, and estate administration.
What Does An Elder Law Attorney Do?
An elder law attorney can help with any legal issues that come up with regard to yourself as you age or an older loved one. These issues can include things like planning how to pay for long-term care, making sure that long-term care is appropriate and that no abuse or neglect is occurring, and helping with things like trusts that can ensure our elderly loved ones are provided for.
Do I Need More Than Just A Will?
While a will can take care of some very basic aspects of your estate, like distribution of some assets and guardianship of minor children, it cannot do things like designate a trusted person to make medical or financial decisions for you if you are unable, make your wishes known as to your medical care at the end of life, or provide managed financial benefits for special needs family members, for example. A will is essential, but it is rarely enough to take care of things should you become incapacitated or die.
How Much Does It Cost To Hire An Attorney?
The cost of hiring an attorney depends on the type of case you have and the amount of work that is required. In most cases, we offer a consultation so that you can get an estimate of the cost of our services. Contact us today to schedule a consultation.
How Is Medicaid Different From Medicare?
Medicare is a government-funded insurance program that covers some or all of the costs of certain medical procedures for qualified participants (generally, the elderly or disabled). Medicare does not cover the costs of long-term care. Medicaid, on the other hand, is a government entitlement program that can cover the costs of long-term care for those who meet certain income and asset qualifications.
What If We Don’t Qualify For Medicaid?
Medicaid eligibility planning is best started long before anyone in your family needs long-term care, but even if that planning has not been done in advance, there are some ways to make eligibility more likely while still protecting the assets of a spouse who does not need long-term care, for example. Contact our office, even if you think you won’t qualify for Medicaid. We may have options to suggest.
Why Is An Estate Plan Important?
An estate plan is important because it allows you to control what happens to your property and assets after your death. Without an estate plan, the court will decide how your property is distributed, which may not be in accordance with your wishes. An estate plan can also help you avoid probate, which is a costly and time-consuming process.
Why Should I Hire The Law Office Of Polly Tatum?
The Law Office of Polly Tatum is an experienced team who is ready to help you. Our firm has a wide range of experience in estate planning, probate and trust administration, elder law, and divorce and elder mediation. An experienced law firm with a good track record can help you get the legal help you deserve.
How does Massachusetts estate planning address guardianship for minor children?
Parents can name a guardian for their minor children in their will. This designation becomes effective upon the parents’ death, subject to court approval. Massachusetts law outlines the process for appointing a guardian, a crucial task for ensuring that someone you trust will care for your children if you pass away.
Are there estate taxes in Massachusetts, and how can they affect my estate plan?
Massachusetts imposes an estate tax on estates exceeding $1 million. The tax rate varies depending on the size of the estate. Proper estate planning, including the use of trusts and charitable donations, can help minimize estate taxes and preserve more of your wealth for your heirs.
What are health care directives and why are they necessary?
Health care directives, including living wills and healthcare proxies, are legal documents that communicate your medical care preferences if you become unable to make decisions yourself. Under Massachusetts General Laws Chapter 201D, a health care proxy allows you to appoint someone to make healthcare decisions on your behalf, aligning your medical treatment with your wishes.
Why is a power of attorney important in estate planning?
A power of attorney (POA) is a document that allows you to appoint someone to make financial and legal decisions on your behalf if you become incapacitated. Massachusetts law provides for durable power of attorney, which remains effective even if you become mentally incapacitated, ensuring that the person you designate will manage your affairs according to your wishes.
How does the probate process work in Massachusetts?
Probate, governed by the Massachusetts Uniform Probate Code (Chapter 190B) is the legal process of validating a will, settling debts, and distributing the deceased’s estate. The process can be simplified for smaller estates, but generally involves filing the will with the local probate court, notifying heirs and creditors, and distributing the estate according to the will or state law.
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