Do I really need a Will?

 

Everyone's situation is unique. The best way to know if you need a Will is to meet with an attorney who can give you the best advice for you situation.

 

Can I just buy one of those Will kits at an office supply store or use a website?

 

Of course you can. However, the kits on the shelf are not always state specific. In addition, the Will kits and websites do not have the ability to ask you personal, one-on-one questions. When you obtain legal services from an attorney, you are getting the benefit of meeting an attorney, receiving expert advice, and the confidence that you will receive the best plan for your needs.

 

What is a Trust?

 

A Trust is a legal instrument that allows you to manage your assets during your lifetime. You can plan for asset preservation, name your Trustees, plan for incapacity, and provide for future needs with a Trust. With some limitations, you may revoke or amend your Trust during your lifetime.  It helps by giving you privacy in managing your assets.

 

How does an Advance Directive help me? 

 

An Advance Directive helps you guide your loved ones about your medical wishes in case of incapacity. In the event that you suffer from a terminal, end stage or vegitative condition, an Advance Directive helps your family make tough decisions during an emotional time. While it may be hard for you to contemplate your mortality, this document may help provide peace of mind by making your wishes known in writing.

 

Is a Durable Power of Attorney something I should have?

 

Absolutely. A Durable Power of Attorney provides for one's financial and business affairs. In the event that one becomes incapacitated (or disabled), a Durable Power of Attorney gives someone else the authority to take over for you. If you do not have one, the only other option would be a guardianship, ordered by a court of law. 

 

Who do I pick as my Personal Representative?

 

This is not something I can tell you. However, what I will say is that who you pick is very important. The person you select as your Pesonal Representative (or in any role, for that matter) needs to be honest, trustworthy, and loyal. S/he should be able to handle finances and keep up with details. In addition, s/he needs to be able to make smart, tough decisions in the face of emotional happenings, like a loved ones death or incapacity. 

 

I know I need a Will. I may need other documents, too. What is the next step? 

 

The next step is for you to contact an attorney. Sure, I hope you will consider calling me. But, you need to select someone who you feel comfortable with first. Meet with an attorney, bringing documents that are needed. Have an idea who you would appoint as your Personal Representative. Think about who you want to care for your children. Consider who you want to receive your assets. Make sure you plan for family members with special needs. Also, prepare any questions that you have for the attorney.