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What is a will and why should I have one?
A will is a legal document in which you direct how and to whom your property, both real and personal, shall be  distributed after your death. In a will, you name a personal representative known as an Executor who will be responsible for the administration of your estate in accordance with your directives.

Another important reason to have a will is that you may wish to name guardians for your minor children. Guardians will raise your children and manage money or other property which your children may inherit.

If you die with out leaving a will you shall be considered to have died intestate. This means that your estate will be distributed according to a formula fixed by law. The intestate laws do not and cannot take into consideration your specific wishes or the particular needs of an individual or family member. As a result, your property may be inherited by someone whom you did not intend to share in your estate. Only by leaving a valid will after your death can you safely insure that your property will be distributed as you intended.

What is a living will?
A living will is a written document in which you state in advance of medical treatment the type and extent, if any, of medical care that you wish to receive if you become comatose or incompetent and terminally ill.

Unlike a will, the provisions of a living will are intended to take effect and be interpreted during your lifetime. If you do not have a living will and you become terminally ill and are unable to communicate your intentions about the extent of medical treatment you wish to receive, such decisions may have to be made by your family members. They, in turn, could encounter difficulties in attempting to convince the hospital or physicians to refrain from administering certain types of treatment or care that they believe you would not have desired. As a result, a living will is an important component of a well-rounded estate plan.

What is a power of attorney?
A Power of Attorney (POA) is a legal document by which you authorize another person to act on your behalf. The person so authorized is known as your Attorney-in-Fact (AIF).

The authority conferred by the POA may be specific (limited to certain designated transactions) or general (applicable to all transactions). In addition, you may control the time period during which the POA is in effect by electing either a durable POA or a springing POA. A durable POA becomes effective upon your execution of the document and remains in effect unless otherwise changed or terminated by you.

A springing POA, as the name implies, springs into and out of effect depending on whether or not certain criteria set forth in the POA have been met. Often the authority conferred by a springing POA is made contingent upon your physician stating in writing that you are not competent to act on your own behalf. A POA, like a will and a living will, is an important part of a comprehensive estate plan.

What is a probate?
Probate is the formal procedure by which an executor or administrator is appointed to oversee the administration of a decedent's estate. The process is usually initiated by obtaining either Letters Testamentary or Letters of Administration. While the process of administering a decedent's estate is conceptually a simple matter, i.e. the deceased person's assets are collected, his debts and death taxes paid, and the remaining property distributed to the beneficiaries, on a practical level the administration of a decedent's estate can involve a number of complexities.

Not all property owned by a decedent is subject to probate. Often, a decedent's assets may be collected and distributed without having to obtain Letters or raise an estate. This determination is generally made based upon an examination of the size of the decedent's estate, the type of property in the estate and the type of ownership interest held by decedent in the property. Because such an examination can often involve complex legal analysis, it is generally advisable that an executor consult with or retain an attorney to aid him or her in the administration of the decedent's estate.

• Estate Planning
• Estate Administration
• Wills
• Revocable Living Trusts
• Special Needs Trusts
• Trusts
• Durable Power of Attorneys
• Free Living Wills