Estate Planning – The Law Offices of Stefanie M. Roberts, P.C.

Estate Planning

Proper estate planning is the best way to provide your family with security and peace of mind. At The Law Offices of Stefanie M. Roberts, P.C we believe in personalized service for each and every client. Our approach is educational and proactive – we first determine each client’s individual needs, desires and values, and then tailor their plan to best fulfill their dreams. Attorney Roberts is ready to help you create the legal documents you need to make sure your estate is managed according to your wishes.

Whether you need assistance creating an estate plan or would like help with the probate process, you can rely on The Law Office of Stefanie M. Roberts, P.C., for high-quality and affordable legal services.

Life changes. So should your estate plan.

Who Needs a Will?

The simple answer is: everyone! It is a common misconception that only people with substantial assets need a Will. For instance, regardless of your assets, if you have minor children you need a Will to designate your choice as to who will raise the children if you and your spouse pass away. Without a Will, the Court will choose a guardian and there may be significant disagreement among your relatives as to who that should be. Attorney Roberts, encourages estate planning for all her clients. The office can assist you in drawing up a new Will, revising an outdated Will; creating Trusts (if necessary), and drafting Durable and Limited Powers of Attorney and Health Care Proxies.

Preparing a Will

A Will designates exactly how you want your assets to be distributed. If you die without a will, the state law and the courts will designate how your assets are to be distributed and who will be the guardian of your minor children. These are decisions that most people would prefer to make themselves. That is why proper estate planning is essential for everyone.

When choosing a Personal Representative or Guardian, it is important to also choose an alternative to each in the event your first choice is unable or unwilling to fulfill the position. To avoid any unwillingness, it is important discuss your choices of Personal Representative, Trustee or Guardian with the individuals you choose to designate. This will ensure they are comfortable and willing to serve.

Durable Power of Attorney

A Durable Power of Attorney is essential so that your financial affairs do not go unattended if you are ill or incapacitated for any reason. Without a valid Durable Power of Attorney, no one else is automatically authorized to handle your finances. Typically, your financial affairs would have to be managed by a guardian appointed by the probate court, a much more expensive and complex procedure than getting a durable power of attorney drafted before you become incapacitated.

A power of attorney can give your “agent” whatever degree of power you authorize: either specific, limited powers or broad powers. A durable power of attorney remains in effect even if you (“the principle”) become incompetent and remains valid even during a prolonged debilitating illness or mental impairment.

Health Care Proxy

A Health Care Proxy is a document that designates someone to carry out your health care wishes and make health decisions for you when you are unable to do so. This document lets you appoint a trusted relative or friend to make decisions about your medical care in the event that you are unable to make or communicate them yourself.for the same purpose. The durable power of attorney is slightly different in that it permits you to appoint a trustworthy individual to handle your financial matters.

It is particularly important to discuss you health care wishes with the person you designate to make those decisions. Putting those specific wishes in writing is also helpful in ensuring your wishes are properly carried out.

Prepare a Homestead

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation